05a60525_r
04-05-2006
Dwayne E. Foster, Complainant, v. Norman Y. Mineta, Secretary, Department of Transportation, Agency.
Dwayne E. Foster v. Department of Transportation
05A60525
April 5, 2006
.
Dwayne E. Foster,
Complainant,
v.
Norman Y. Mineta,
Secretary,
Department of Transportation,
Agency.
Request No. 05A60525
Appeal No. 01A22261
Agency No. 3-00-3037
Hearing No. 150-AO-8811X
DISMISSAL OF REQUEST TO RECONSIDERATION
Complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Dwayne
E. Foster v. Department of Transportation, EEOC Appeal No. 01A22261
(August 30, 2002). By regulation, requests for reconsideration must
be filed within thirty (30) calendar days after the party received our
previous decision. 29 C.F.R. � 1614.405(b). A document is timely if
it is received or postmarked before the expiration of the applicable
filing period or, in the absence of a legible postmark, is received by
mail within five days of the expiration of the applicable filing period.
29 C.F.R. � 1614.604(b).
It is noted that the Commission's previous decision included a Certificate
of Mailing indicating that for timeliness purposes, the Commission
will presume that this decision was received within five (5) calendar
days of mailing. The previous decision was mailed on August 30, 2002.
Complainant filed the request for reconsideration on February 9, 2005,
which was beyond the 30-day time limit. On appeal, complainant does not
provide any supporting evidence to overcome the foregoing presumption of
receipt. Furthermore, complainant does not present adequate justification
for extending the filing period beyond 30 days.
Complainant's request for reconsideration is hereby DISMISSED.
The decision in EEOC Appeal No. 01A22261 remains the Commission's final
decision. There is no further right of administrative appeal on the
decision of the Commission on this 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
April 5, 2006
__________________
Date