18.550—Exhaustion of administrative remedies.
(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 VA has made no finding with regard to the complaint; or
(b)
If VA fails to make a finding within 180 days or issues a finding in favor of the recipient, VA will:
(i)
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)
A complainant prevailing in a civil action has the right to be awarded the costs of the action, including reasonable attorney's fees, but the complainant must demand these costs in the complaint;
(iii)
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)
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)
The complainant may not bring action if the same alleged violations of the Act by the same recipient is the subject of a pending action in any court of the United States.