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Current as of October 02, 2022 | Updated by FindLaw Staff
(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 FEMA had made no finding with regard to the complaint; or
(2) FEMA issues any finding in favor of the recipient.
(b) If FEMA fails to make a finding within 180 days or issues a finding in favor of the recipient, FEMA shall:
(1) Promptly advise the complainant in writing 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 located 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 at the time it is filed.
(iii) That before commencing the action, the complainant shall give 30 days notice by registered mail to the Administrator, 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 (Federal or State) of the United States.
Cite this article: FindLaw.com - Code of Federal Regulations Title 44. Emergency Management and Assistance § 44.7.949 Exhaustion of administrative remedies - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-44-emergency-management-and-assistance/cfr-sect-44-7-949/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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