StacksVerified U.S. regulatory reference

18 CFR §1309.19

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov
  1. (a)A complainant may file a civil action following the exhaustion of administrative remedies under the Act. Administrative remedies are exhausted if:
    1. (1)180 days have elapsed since the complainant filed the complaint and TVA has made no finding with regard to the complaint; or
    2. (2)TVA issues any finding in favor of the recipient.
  2. (b)If either of the conditions set forth in paragraph (a) of this section is satisfied, TVA shall:
    1. (1)Promptly advise the complainant of this fact; and
    2. (2)Advise the complainant of his or her right, under Section 305(e) of the Act, to bring a civil action for injunctive relief that will effect the purposes of the Act; and
    3. (3)Inform the complainant:
      1. (i)That a civil action can only be brought in a United States district court for the district in which the recipient is found or transacts business;
      2. (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 these costs must be demanded in the complaint;
      3. (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, TVA, and the recipient;
      4. (iv)That the notice shall state: the alleged violation of the Act; the relief requested; the court in which the action will be brought; and whether or not attorney's fees are demanded in the event the complainant prevails; and
      5. (v)That no action shall be brought 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.