[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR90.50]



[Page 431-432]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 90_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.  90.50  Exhaustion of administrative remedies.



    (a) The agency shall provide in its regulations that a complainant 

may file a civil action following the exhaustion of adminstrative 

remedies under the Act. Administrative remedies are exhausted if:

    (1) 180 days have elapsed since the complainant filed the complaint 

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

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

    (b) If either of the conditions set forth in Sec.  90.50(a) is 

satisfied the agency shall:

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

    (2) Advise the complainant of his or her right, under section 305(e) 

of the Act, to bring a civil action for injunctive relief that will 

effect the purposes of the Act; and

    (3) Inform the complainant:

    (i) That a civil action can only be brought 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;

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

30 days



[[Page 432]]



notice by registered mail to the Secretary, the Attorney General of the 

United States, the head of the granting agency, 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 no action shall be brought 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.