Bernd Hoffman, Complainant,v.John W. Snow, Secretary, Department of the Treasury (Internal Revenue Service), Agency.

Equal Employment Opportunity CommissionSep 13, 2005
05a50970 (E.E.O.C. Sep. 13, 2005)

05a50970

09-13-2005

Bernd Hoffman, Complainant, v. John W. Snow, Secretary, Department of the Treasury (Internal Revenue Service), Agency.


Bernd Hoffman v. Department of the Treasury (Internal Revenue Service)

05A50970

09-13-05

.

Bernd Hoffman,

Complainant,

v.

John W. Snow,

Secretary,

Department of the Treasury (Internal Revenue Service),

Agency.

Request No. 05A50970

Appeal No. 01A52279

Agency No. 03-2344

Hearing No. 120-2004-00117x

DECISION ON REQUEST TO RECONSIDER

On June 6, 2005, Bernd Hoffman (complainant) timely requested

reconsideration of the decision in Bernd Hoffman v. John W. Snow,

Secretary, Department of the Treasury (Internal Revenue Service), EEOC

Appeal No. 01A52279 (May 17, 2005). EEOC regulations provide that the

Commission may, in its discretion, grant a request to reconsider any

previous Commission decision where the party demonstrates that: (1) the

appellate decision involved a clearly erroneous interpretation of material

fact or law; or (2) the decision will have a substantial impact on the

policies, practices, or operation of the agency. 29 C.F.R. � 1614.405(b).

In the previous decision, the Commission affirmed the agency's decision

agreeing to implement the decision of the Administrative Judge (AJ)

finding that the agency did not discriminate against complainant when

he did not make the best-qualified list. In his request, complainant

contended that the previous decision did not consider the evidence he

submitted, and he asserted that he proved discrimination. Initially,

we note that the previous decision stated that it reviewed the record

"including consideration of all statements submitted on appeal."

In addition, all the documents complainant referenced are included in

the file on appeal. See 29 C.F.R. �� 1614.403-404. Decisions by the

Commission are based on standard legal principles and case law and not on

'common sense and logic' as complainant appears to believe. After review

of the record, we find that the previous decision is correct.

In order to merit the reconsideration of a prior decision, the requesting

party must submit written argument that tends to establish that at least

one of the criteria of 29 C.F.R. � 1614.405(b) is met. The Commission's

scope of review on a request for reconsideration is narrow and is not

merely a form of a second appeal. Lopez v. Department of the Air Force,

EEOC Request No. 05890749 (September 28, 1989); Regensberg v. USPS,

EEOC Request No. 05900850 (September 7, 1990). The Commission finds that

the complainant's request does not meet the regulatory criteria of 29

C.F.R. � 1614.405(b), in that, the request does not identify a clearly

erroneous interpretation of material fact or law, nor does it show that

the underlying decision will have a substantial impact on the policies,

practices or operation of the agency.

After a review of the complainant's request for reconsideration, the

previous decision, and the entire record, the Commission finds that the

request fails to meet the criteria of 29 C.F.R. � 1614.405(b), and it

is the decision of the Commission to deny the request. The decision

in EEOC Appeal No. 01A52279 remains the Commission's final decision.

There is no further right of administrative appeal on the decision of

the Commission on the decision of the Commission on this request.

STATEMENT OF COMPLAINANT'S RIGHTS - ON REQUEST FOR RECONSIDERATION

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)

This decision of the Commission is final, and there is no further right

of administrative appeal from the Commission's decision. You have the

right to file a civil action in an appropriate United States District

Court within ninety (90) calendar days from the date that you receive

this decision. If you file a civil action, you must name as the defendant

in the complaint the person who is the official agency head or department

head, identifying that person by his or her full name and official title.

Failure to do so may result in the dismissal of your case in court.

"Agency" or "department" means the national organization, and not the

local office, facility or department in which you work.

RIGHT TO REQUEST COUNSEL (Z1199)

If you decide to file a civil action, and if you do not have or cannot

afford the services of an attorney, you may request that the Court appoint

an attorney to represent you and that the Court permit you to file the

action without payment of fees, costs, or other security. See Title VII

of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.;

the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c).

The grant or denial of the request is within the sole discretion of

the Court. Filing a request for an attorney does not extend your time

in which to file a civil action. Both the request and the civil action

must be filed within the time limits as stated in the paragraph above

("Right to File A Civil Action").

FOR THE COMMISSION:

______________________________

Carlton M. Hadden, Director

Office of Federal Operations

______09-13-05____________

Date