10 CFR 4.340 - Exhaustion of administrative remedies.
(1) 180 days have elapsed since the complainant filed the complaint and NRC has made no finding with regard to the complaint; or
(2) NRC issues any finding in favor of the recipient.
(b) If NRC fails to make a finding within 180 days or issues a finding in favor of the recipient, NRC will -
(1) Promptly advise the complainant; and
(3) Inform the complainant that -
(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) That before commencing the action, the complainant shall give 30 days notice by registered mail to the Commission, the Secretary of the Department of Health and Human Services, the Attorney General of the United States, and the recipient;
(iv) The notice must state 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