[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 44CFR7.949]



[Page 79]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 7_NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS (FEMA REG. 5)

--Table of Contents

 

     Subpart E_Nondiscrimination on the Basis of Age in Programs or 

       Activities Receiving Federal Financial Assistance From FEMA

 

Sec.  7.949  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) 180 days have elapsed since the complainant filed the complaint 

and FEMA had made no finding with regard to the complaint; or

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

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

finding in favor of the recipient, FEMA shall:

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

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

action for injunctive relief; and

    (3) Inform the complainant:

    (i) That 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) 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 the complainant must demand these costs in the complaint 

at the time it is filed.

    (iii) That 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) That 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) 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 (Federal or State) of the United States.