[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 45CFR617.15]



[Page 145]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 617_NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES 

RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM NSF--Table of Contents

 

Sec. 617.15  Exhaustion of administrative remedies.



    (a) A complainant may file a civil action after exhausting 

administrative remedies under the Act. Administrative remedies are 

exhausted if:

    (1) 180 days have elapsed since the complainant filed a sufficient 

complaint and NSF has made no finding with regard to the complaint; or

    (2) NSF issues any finding in favor of the recipient.

    (b) If NSF fails to make a finding within 180 days or issues a 

finding in favor of the recipient, NSF will:

    (1) Promptly advise the complainant of this fact; and

    (2) Advise the complainant of his or her right to bring a civil 

action for injunctive relief under 42 U.S.C. 6104; and

    (3) Inform the complainant that under 42 U.S.C. 6104:

    (i) The complainant may bring a civil action only in a United States 

District court for the district in which the recipient is located or 

transacts business;

    (ii) A complainant prevailing in a civil action has the right to be 

awarded the costs of the action, including reasonable attorney's fees, 

but that the complainant must demand these costs in the complaint;

    (iii) Before commencing the action the complainant shall give 30 

days notice by registered mail to the Director, the Attorney General of 

the United States, and the recipient;

    (iv) The notice must state the alleged violation of the Act; the 

relief requested; the court in which the complainant is bringing the 

action; and whether or not attorney's fees are demanded in the event the 

complainant prevails; and

    (v) The complainant may not bring an action if the same alleged 

violation of the Act by the same recipient is the subject of a pending 

action in any court of the United States.