01a60808
03-28-2006
Lorraine C. Johnson, Complainant, v. R. James Nicholson, Secretary, Department of Veterans Affairs, Agency.
Lorraine C. Johnson v. Department of Veterans Affairs
01A60808
March 28, 2006
.
Lorraine C. Johnson,
Complainant,
v.
R. James Nicholson,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 01A60808
Agency No. 200I-0534-2004101586
DISMISSAL OF APPEAL
By Notice of Appeal postmarked November 3, 2005, complainant filed an
appeal with this Commission from the September 7, 2004 agency decision
dismissing her EEO complaint of unlawful employment discrimination.
The agency argues that complainant's appeal is more than a year late
and should be dismissed as untimely filed.
The record contains a copy of a Domestic Return Receipt card showing
that the agency's decision was sent complainant's address of record
in Charleston, South Carolina.<1> The decision was received at the
address of record on September 23, 2004. A review of the decision
reveals that the agency properly advised complainant that she had
thirty (30) calendar days after receipt of its final decision to file
her appeal with the Commission. Therefore, in order to be considered
timely, complainant had to file her appeal no later than October 23,
2004. Instead, complainant's appeal was filed over one year later.
Complainant has not offered adequate justification for an extension of
the applicable time limit for filing her appeal.
Accordingly, complainant's appeal is hereby DISMISSED. See 29 C.F.R. �
1614.403(c).
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
The Commission may, in its discretion, reconsider the decision in this
case if the complainant or the agency submits a written request containing
arguments or evidence which tend to establish that:
1. The appellate decision involved a clearly erroneous interpretation
of material fact or law; or
2. The appellate decision will have a substantial impact on the policies,
practices, or operations of the agency.
Requests to reconsider, with supporting statement or brief, must be filed
with the Office of Federal Operations (OFO) within thirty (30) calendar
days of receipt of this decision or within twenty (20) calendar days of
receipt of another party's timely request for reconsideration. See 29
C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for
29 C.F.R. Part 1614 (EEO MD-110), 9-18 (November 9, 1999). All requests
and arguments must be submitted to the Director, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. In the absence of a legible postmark, the
request to reconsider shall be deemed timely filed if it is received by
mail within five days of the expiration of the applicable filing period.
See 29 C.F.R. � 1614.604. The request or opposition must also include
proof of service on the other party.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely, unless extenuating circumstances
prevented the timely filing of the request. Any supporting documentation
must be submitted with your request for reconsideration. The Commission
will consider requests for reconsideration filed after the deadline only
in very limited circumstances. See 29 C.F.R. � 1614.604(c).
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0900)
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. If you
file a request to reconsider and also file a civil action, filing a civil
action will terminate the administrative processing of your complaint.
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 28, 2006
__________________
Date
1 The Domestic Return Receipt card also shows that complainant was no
longer at that address of record (the �Carriage Lane� address), as the
Domestic Return Receipt Card had affixed a �Notify Sender of New Address�
sticker with an identification of the new address (on �Mamie Street').
It is this new address that appears to be complainant's current address.
However there is no evidence that complainant informed the agency of
her new address (on �Mamie Street�) prior to the time it issued the
September 7, 2004 final decision.