C.F.R. » Title 45 » SUBCHAPTER A—GENERAL ADMINISTRATION › PART 91—NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM HHS › Subpart D—Investigation, Conciliation, and Enforcement Procedures

45 C.F.R. § 91.42

Complaints

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(a) Any person, individually or as a member of a class or on behalf of others, may file a complaint with HHS, alleging discrimination prohibited by the Act or these regulations based on an action occurring on or after July 1, 1979. A complainant shall file a complaint within 180 days from the date the complainant first had knowledge of the alleged act of discrimination. However, for good cause shown, HHS may extend this time limit.

(b) HHS will consider the date a complaint is filed to be the date upon which the complaint is sufficent to be processed.

(c) HHS will attempt to facilitate the filing of complaints wherever possible, including taking the following measures:

(1) Accepting as a sufficient complaint, any written statement which identifies the parties involved and the date the complainant first had knowledge of the alleged violation, describes generally the action or practice complained of, and is signed by the complainant.

(2) Freely permitting a complainant to add information to the complaint to meet the requirements of a sufficient complaint.

(3) Notifying the complainant and the recipient of their rights and obligations under the complaint procedure, including the right to have a representative at all stages of the complaint procedure.

(4) Notifying the complainant and the recipient (or their representatives) of their right to contact HHS for information and assistance regarding the complaint resolution process.

(d) HHS will return to the complainant any complaint outside the jurisdiction of these regulations, and will state the reason(s) why it is outside the jurisdiction of these regulations.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2020–2025 · leading case: Spatz v. Regents of the Univ. of California (N.D. Cal. 2022).
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Spatz v. Regents of the Univ. of California (N.D. Cal. 2022). · cites it 3× “22 3 The plaintiff counters by arguing that (1) the Office for Civil Rights can extend the 180-day 4 deadline for good cause under 45 C.F.R. § 91.42 (a) without making any formal declaration 5 memorializing the extension, (2) the Office for Civil Rights effectively found good…”
L.B. v. Premera Blue Cross (W.D. Wash. 2025). · cites it 2× “45 C.F.R. § 91.42 (a). Administrative remedies are deemed exhausted if: 8 (1) 180 days have elapsed since the complainant filed the complaint and HHS 9 has made no finding with regard to the complaint; or 10 (2) HHS issues any finding in favor of the recipient.”
Papa v. Diamandi (E.D. Pa. 2020). “” 45 C.F.R. § 91.42 ; 45 C.F.R. § 91.50 . Furthermore, the complainant must give thirty days' notice by registered mail to the Secretary of Health and Human Services, the Attorney General, the head of the granting agency, and the grant recipient.”
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