40 CFR 7.175 - Exhaustion of administrative remedy.

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§ 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 2015-08-22

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to Title 40 after this date.

* Only displaying the most recent 50 entries for Title 40. Please, view a Part for the full list of changes within that Part.

  • 2017-01-23; vol. 82 # 13 - Monday, January 23, 2017
    1. 82 FR 7695 - Extension of Deadline for Action on the November 28, 2016 Section 126 Petition From Delaware
      GPO FDSys XML | Text
      ENVIRONMENTAL PROTECTION AGENCY
      Final rule.
      This final rule is effective on January 23, 2017.
      40 CFR Part 52

Title 40 published on 2015-08-22.

The following are only the Rules published in the Federal Register after the published date of Title 40.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

* Only displaying the most recent 50 entries for Title 40. Please, view a Part for the full list of changes within that Part.

  • 2017-01-23; vol. 82 # 13 - Monday, January 23, 2017
    1. 82 FR 7695 - Extension of Deadline for Action on the November 28, 2016 Section 126 Petition From Delaware
      GPO FDSys: XML | Text
      ENVIRONMENTAL PROTECTION AGENCY
      Final rule.
      This final rule is effective on January 23, 2017.
      40 CFR Part 52