[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR110.39]



[Page 437-438]

 

                           TITLE 34--EDUCATION

 

       CHAPTER I--OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION

 

PART 110_NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES 

RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

    Subpart D_Investigation, Conciliation, and Enforcement Procedures

 

Sec.  110.39  Exhaustion of administrative remedies.



    (a) A complainant may file a civil action following the exhaustion 

of administrative remedies under the Act. Administrative remedies are 

exhausted if--

    (1) One hundred eighty days have elapsed since the complainant filed 

the complaint with ED, and ED has made no finding with regard to the 

complaint; or

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

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

finding in favor of the recipient, ED promptly--

    (1) Advises the complainant of this fact;



[[Page 438]]



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

action for injunctive relief; and

    (3) Informs the complainant--

    (i) That a civil action can be brought only in a United States 

district court for the district in which the recipient is found or 

transacts business;

    (ii) That 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 these costs must be demanded in the complaint filed with 

the court;

    (iii) That before commencing the action, the complainant shall give 

30 days notice by registered mail to the Secretary, the Secretary of 

Health and Human Services, the Attorney General of the United States, 

and the recipient;

    (iv) That the notice shall state the alleged violation of the Act, 

the relief requested, the court in which the action will be brought, and 

whether or not attorney's fees are demanded in the event the complainant 

prevails; and

    (v) That 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.



(Authority: 42 U.S.C. 6104)



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