Skip to main content
 
CFR › Title 40 › Chapter I › Subchapter A › Part 7 › Subpart F › Section 7.175

40 CFR 7.175 - Exhaustion of administrative remedy.

§ 7.175
Exhaustion of administrative remedy.
(a) A complainant may file a civil action following the exhaustion of administrative remedies under the Age Discrimination Act. Administrative remedies are exhausted if:
(1) 180 days have elapsed since the complainant filed the complaint and EPA has made no finding with regard to the complaint; or
(2) EPA issues any finding in favor of the recipient.
(b) If EPA fails to make a finding within 180 days or issues a finding in favor of the recipient, EPA 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 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 that 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 of the Department of Health and Human Services, the Administrator, the Attorney General of the United States, and the recipient;
(iv) The notice must state: The alleged violation of the Age Discrimination 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 an action if the same alleged violation of the Age Discrimination Act by the same recipient is the subject of a pending action in any court of the United States.

Title 40 published on 2012-07-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S.C. : Title 29 - LABOR

§ 794 - Nondiscrimination under Federal grants and programs

USC : Title 33 - NAVIGATION AND NAVIGABLE WATERS

§ 1251 note - Congressional declaration of goals and policy

U.S.C. : Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 2000d - Prohibition against exclusion from participation in, denial of benefits of, and discrimination under federally assisted programs on ground of race, color, or national origin

42 USC § 2000d–1 - Federal authority and financial assistance to programs or activities by way of grant, loan, or contract other than contract of insurance or guaranty; rules...compliance with requirements; reports to Congressional committees; effective d

42 USC § 2000d–2 - Judicial review; administrative procedure provisions

42 USC § 2000d–3 - Construction of provisions not to authorize administrative action with respect to employment practices except where primary objective of Federal financial assistance is to provide employment

42 USC § 2000d–4 - Federal authority and financial assistance to programs or activities by way of contract of insurance or guaranty