[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: 45CFR91.50]



[Page 439]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 91_NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES 

RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM HHS--Table of Contents

 

    Subpart D_Investigation, Conciliation, and Enforcement Procedures

 

Sec.  91.50  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 HHS has made no finding with regard to the complaint; or

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

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

finding in favor of the recipient, HHS shall:

    (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; 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 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 the complainant must demand these costs in the complaint;

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

30 days notice by registered mail to the Secretary, 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 of the United States.