05a50242
12-09-2004
Margaret M. Cole, Complainant, v. Gordon R. England, Secretary, Department of the Navy, Agency.
Margaret M. Cole v. Department of the Navy
05A50242
December 9, 2004
.
Margaret M. Cole,
Complainant,
v.
Gordon R. England,
Secretary,
Department of the Navy,
Agency.
Request No. 05A50242
Appeal No. 01A43728
Agency No. 03-00168-004
DISMISSAL
Margaret M. Cole (complainant) requested reconsideration of the decision
in Margaret M. Cole v. Department of the Navy, EEOC Appeal No. 01A43728
(September 10, 2004), in a letter postmarked November 10, 2004.
EEOC Regulations provide that the Commission may, in its discretion,
grant a request to reconsider any previous Commission decision where the
requesting party demonstrates 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. See 29 C.F.R. � 1614.604(b).
By regulation, requests for reconsideration must be filed within thirty
(30) calendar days after the requesting party receives our previous
decision. 29 C.F.R. � 1614.405(b). A document is timely if received
or postmarked before the expiration of the applicable filing period, or,
in the absence of a legible postmark, is received within five days of the
expiration of the applicable filing period. 29 C.F.R. � 1614.604(b).
The previous decision included a certificate of mailing indicating
that the appeal decision was mailed on September 10, 2004. The decision
informed complainant that it presumed receipt within five days of mailing.
Further, the decision stated that requests to reconsider must be filed
within thirty calendar days of receipt of the decision. The record
contains a copy of the envelope that contained the prior decision,
bearing a September 11, 2004 postmark. Complainant, however, did not
file her request until November 10, 2004, well beyond the thirty-day
time limitation.
Complainant's request is untimely and is DISMISSED. The decision in
EEOC Appeal No. 01A43728 remains the Commission's final decision.
There is no further right of administrative appeal on the decision of
the Commission on this request.
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
December 9, 2004
__________________
Date