31 U.S.C. § 6716 — Civil action by a person adversely affected
submitted 32 years ago by Pub. L. 103-322 to r/title-31-MONEY-AND-FINANCE · 339 words · no verdicts yet
A person adversely affected by a prohibited practice of a local government or its official may sue after using the required administrative process. Courts may order relief, and the Attorney General may intervene in important cases.
(a) Authority for Private Suits in Federal or State Court. If a unit of general local government, or its officer or employee acting officially, uses a practice prohibited by this chapter, a person adversely affected may bring a civil action in an appropriate United States district court or a State court of general jurisdiction. The person must first exhaust subsection (b)’s administrative remedies.
(b) Administrative Remedies Required To Be Exhausted. The person must file an administrative complaint with the Secretary, the head of another United States Government agency, or the State agency covered by the Secretary’s agreement under section 6711(d). Remedies are exhausted on the 90th day after filing if the Secretary, agency head, or State agency either (1) decides that the government did not fail to comply with this chapter or (2) does not decide the complaint.
(c) Authority of Court. In the action, the court (1) may issue (A) a temporary restraining order, (B) an injunction, or (C) another order, including suspending, ending, or requiring repayment of payments under this chapter, or placing additional payments in escrow until the action ends; and (2) to enforce section 6711(a) or (b), may award a prevailing party other than the United States Government a reasonable attorney’s fee.
(d) Intervention by Attorney General. In an action enforcing section 6711(a) or (b), the Attorney General may intervene after certifying that the action is of general public importance. The United States Government gets the same relief it would have received if it had brought the action and is liable for the same fees and costs as a private person.
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).
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—
issues a decision that the government has not failed to comply with this chapter; or
does not issue a decision on the complaint.
In an action under this section, the court—
may grant—
a temporary restraining order;
an injunction; or
another order, including suspension, termination, or repayment of, payments under this chapter or placement of additional payments under this chapter in escrow pending the outcome of the action; and
to enforce compliance with section 6711(a) or (b), may allow a prevailing party (except the United States Government) a reasonable attorney’s fee.
In an action under this section to enforce compliance with section 6711(a) or (b), the Attorney General may intervene in the action if the Attorney General certifies that the action is of general public importance. The United States Government is entitled to the same relief as if the Government had brought the action and is liable for the same fees and costs as a private person.
Source credit: (Added Pub. L. 103–322, title III, § 31001(a), Sept. 13, 1994, 108 Stat. 1878.)
- 1994Enacted · Pub. L. 103-322 · 108 Stat. 1878
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-322 on 1994-09-13.
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