§ 42.736. Private lawsuits.
230 words·~1 min read·
/us/cfr/t28/s§ 42.736·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Upon exhausting administrative remedies under the Act, a complainant may file a civil action to enjoin a violation of the Act. Administrative remedies are exhausted if---
(1)180 days have elapsed since the complainant filed the complaint and the Department has made no finding with regard to the complaint; or
(2)The Department issues a finding, pursuant to § 42.731(g)(3), in favor of the recipient.
(b)Whenever administrative remedies are exhausted in accord with paragraph
(a)of this section, the Department shall promptly inform the complainant that
(1)The complainant may bring a civil action in a United States district court for the district in which the recipient is located or transacts business;
(2)A complainant who prevails in such an action has the right to be awarded reasonable attorney's fees, if the complainant demands such an award in the complaint initiating the lawsuit;
(3)Before commencing the action, the complainant must give 30 days' notice by registered mail to the Secretary, the Attorney General, and the recipient;
(4)The notice must state the nature of the alleged violation, the relief requested, the court in which the action will be brought, and whether attorney's fees will be demanded; and
(5)The complainant may not bring an action if the same alleged violation by the recipient is the subject of a pending action in any court of the United States.