05a60470
03-21-2006
Juanita Hill, Complainant, v. Mike Leavitt, Secretary, Department of Health and Human Services, Agency.
Juanita Hill v. Department of Health and Human Services
05A60470
March 21, 2006
.
Juanita Hill,
Complainant,
v.
Mike Leavitt,
Secretary,
Department of Health and Human Services,
Agency.
Request No. 05A60470
Appeal No. 01976877
Agency No. CDC-NCEH-037-96
DISMISSAL OF REQUEST FOR RECONSIDERATION
Initially, it is noted that on October 12, 2005, the Commission
correctly issued a letter closing complainant's EEOC Appeal No. 01A54901
(Agency No. CDC-NCEH-033-98)<1> based on her appeal notice letter
dated June 30, 2005. However, upon our subsequent review of a number
of correspondence from complainant concerning her EEO complaints, it
appears that complainant intended to file a request to reconsider the
Commission's previous decision in EEOC Appeal No. 01976877 (November 3,
1999). Thus, we will address complainant's request for reconsideration
of EEOC Appeal No. 01976877 in this decision.
The record indicates that complainant initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Juanita Hill v. Department of Health and Human Services,
EEOC Appeal No. 01976877 (November 3, 1999). By regulation, requests for
reconsideration must be filed within 30 calendar days after the party
receives 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).
In her June 30, and August 5, 2005 letters, complainant admits
that she received the Commission's previous decision on September
29, 2000. Complainant's request for reconsideration was dated May
27, 2005, which was beyond the 30 calendar day limitation period.
Although complainant contends that she did not receive the appeal
decision of 1999, until September 29, 2000, she does not submit any
justification as to why she waited until over four years later to file
the instant request for reconsideration. Accordingly, complainant's
request for reconsideration is hereby DISMISSED. The decision in EEOC
Appeal No. 01976877 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
March 21, 2006
__________________
Date
1It is noted that complainant appealed Agency
No. CDC-NCEH-033-98 under EEOC Appeal No. 01A54418 (January 18, 2006)
which is pending under EEOC Request No. 05A60471.