§ 18.550. Exhaustion of administrative remedies.
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/us/cfr/t38/s§ 18.550·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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 VA has made no finding with regard to the complaint; or
(2)VA issues any finding in favor of the recipient.
(b)If VA fails to make a finding within 180 days or issues a finding in favor of the recipient, VA will:
(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 that:
(i)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)A complainant prevailing in a civil action has the right to be awarded the costs of the action, including reasonable attorney's fees, but the complainant must demand these costs in the complaint;
(iii)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)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)The complainant may not bring action if the same alleged violations 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. 6101-6107)
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- 42 USC 6101-6107
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§ 18.550
Exhaustion of administrative remedies.
Cite42 USC 6101-6107
Cites 1Cited by 0 across 0 sources