31 U.S.C. § 6716 - Civil action by a person adversely affected

Cite as:31 U.S.C. § 6716
Currency:Current through P.L. 116-158 (08/14/2020)

(a) AUTHORITY FOR PRIVATE SUITS IN FEDERAL OR STATE COURT.-If a unit of general local government, or an officer or employee of a unit of general local government acting in an official capacity, engages in a practice prohibited by this chapter, a person adversely affected by the practice may bring a civil action in an appropriate district court of the United States or a State court of general jurisdiction. Before bringing an action under this section, the person must exhaust administrative remedies under subsection (b).

(b) ADMINISTRATIVE REMEDIES REQUIRED TO BE EXHAUSTED.-A person adversely affected shall file an administrative complaint with the Secretary or the head of another agency of the United States Government or the State agency with which the Secretary has an agreement under section 6711(d). Administrative remedies are deemed to be exhausted by the person after the 90th day after the complaint was filed if the Secretary, the head of the Government agency, or the State agency-

(1) issues a decision that the government has not failed to comply with this chapter; or

(2) does not issue a decision on the complaint.

(c) AUTHORITY OF COURT.-In an action under this section, the court-

(1) may grant-

(A) a temporary restraining order;

(B) an injunction; or

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