636.5—Exhaustion of grantee level procedure.

(a) Exhaustion required. No complainant may file a complaint with the Department until the grantee level procedures specified in § 636.3 have been exhausted.
(b) Exhaustion exceptions. Complainants who have not exhausted the procedures at the grantee level may file the complaint at the Federal level, and the Department may accept such complaint if it determines that:
(1) The grantee or subrecipient has not acted within the time frames specified in § 636.3; or
(2) The grantee's or subrecipient's procedures are not in compliance with § 636.3; or
(3) An emergency situation exists.