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. § 91.50

Exhaustion of administrative remedies

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(a) A complainant may file a civil action following the exhaustion of administrative remedies under the Act. Administrative remedies are exhausted if:

(1) 180 days have elapsed since the complainant filed the complaint and HHS has made no finding with regard to the complaint; or

(2) HHS issues any finding in favor of the recipient.

(b) If HHS fails to make a finding within 180 days or issues a finding in favor of the recipient, HHS 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:

(i) That 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) That 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 Secretary, the Attorney General of the United States, and the recipient;

(iv) That the notice must state: the alleged violation of the 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) That the complainant may not bring an action if the same alleged violation of the Act by the same recipient is the subject of a pending action in any court of the United States.

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2020–2025 · leading case: Papa v. Diamandi (E.D. Pa. 2020).
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Papa v. Diamandi (E.D. Pa. 2020). · cites it 2× “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.”
Spatz v. Regents of the Univ. of California (N.D. Cal. 2022). “Department of Education and providing for good-cause extension); 12 45 C.F.R. § 91.50 , 91.42(a) (defining administrative exhaustion for complaints made to the U.”
Spatz v. Regents of the Univ. of California (N.D. Cal. 2022). “§ 6104(f); see also 45 C.F.R. § 91.50 (defining 25 26 21 Id. at 9 .”
L.B. v. Premera Blue Cross (W.D. Wash. 2025). “11 45 C.F.R. § 91.50 (a); see also 42 U.S.C.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.