[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1225.5]



[Page 58]

 

                        TITLE 45--PUBLIC WELFARE

 

       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

 

PART 1225_VOLUNTEER DISCRIMINATION COMPLAINT PROCEDURE--Table of Contents

 

                      Subpart A_General Provisions

 

Sec. 1225.5  Representation.



    Any aggrieved party may be represented and assisted in all stages of 

these procedures by an attorney or representative of his or her own 

choosing. An aggrieved party must immediately inform the agency if 

counsel is retained. Attorney fees or other appropriate relief may be 

awarded in the following circumstances:

    (a) Informal adjustment of a complaint. An informal adjustment of a 

complaint may include an award of attorney fees or other relief deemed 

appropriate by the EO Director. Where the parties agree on an adjustment 

of the complaint, but cannot agree on whether attorney fees or costs 

should be awarded, or on their amount, this issue may be appealed to the 

appropriate Director to be determined in the manner detailed in Sec. 

1225.11 of this part.

    (b) Final Agency Decision. When discrimination is found, the 

appropriate Director shall advise the complainant that any request for 

attorney fees or costs must be documented and submitted for review 

within 20 calendar days after his or her receipt of the final agency 

decision. The amount of such awards shall be determined under Sec. 

1225.11. In the unusual situation in which it is determined not to award 

attorney fees or other costs to a prevailing complainant, the 

appropriate Director in his or her final decision shall set forth the 

specific reasons thereof.