§ 6716. Civil action by a person adversely affected

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(a)Authority for Private Suits in Federal or State Court.— If a unit of general local government, or an officer or employee of a unit of general local government acting in an official capacity, engages in a practice prohibited by this chapter, a person adversely affected by the practice may bring a civil action in an appropriate district court of the United States or a State court of general jurisdiction. Before bringing an action under this section, the person must exhaust administrative remedies under subsection (b).

(b)Administrative Remedies Required To Be Exhausted.— A person adversely affected shall file an administrative complaint with the Secretary or the head of another agency of the United States Government or the State agency with which the Secretary has an agreement under section 6711(d). Administrative remedies are deemed to be exhausted by the person after the 90th day after the complaint was filed if the Secretary, the head of the Government agency, or the State agency—

(1)issues a decision that the government has not failed to comply with this chapter; or

(2)does not issue a decision on the complaint.

(c)Authority of Court.— In an action under this section, the court—

(1)may grant—

(A)a temporary restraining order;

(B)an injunction; or

(C)another order, including suspension, termination, or repayment of, payments under this chapter or placement of additional payments under this chapter in escrow pending the outcome of the action; and

(2)to enforce compliance with section 6711(a) or (b), may allow a prevailing party (except the United States Government) a reasonable attorney’s fee.

(d)Intervention by Attorney General.— In an action under this section to enforce compliance with section 6711(a) or (b), the Attorney General may intervene in the action if the Attorney General certifies that the action is of general public importance. The United States Government is entitled to the same relief as if the Government had brought the action and is liable for the same fees and costs as a private person.

(Added Pub. L. 103–322, title III, § 31001(a), Sept. 13, 1994, 108 Stat. 1878.)

Connections1 cite this

Cited by 1 section

statutes-at-large

Public Law 98–185
To extend and amend the provisions of title 31, United States Code, relating to the general revenue sharing program

10 references not yet in our index

Pub. L. 103–322, title III, § 31001(a)
108 Stat. 1878
Pub. L. 97–258
96 Stat. 1024
Pub. L. 98–185, § 9(f)
97 Stat. 1312
Pub. L. 98–216, § 1(8)
98 Stat. 4
Pub. L. 99–272, title XIV, § 14001(a)(1)
100 Stat. 327

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§ 6716

Civil action by a person adversely affected

Stat.×1

Pub. L.Pub. L. 103–322, title III, § 31001(a)

Stat.108 Stat. 1878

Pub. L.Pub. L. 97–258

Stat.96 Stat. 1024

Pub. L.Pub. L. 98–185, § 9(f)

Cites 10 · showing 5Cited by 1 across 1 source