05971068
07-26-2000
Mary C. Burton v. Department of Agriculture
05971068
07-26-00
.
Mary C. Burton,
Complainant,
v.
Daniel Glickman,
Secretary,
Department of Agriculture,
Agency.
Request No. 05971068
Appeal No. 01960911
Agency No. 93-0608
DENIAL OF REQUEST FOR RECONSIDERATION
On September 16, 1997, Mary C. Burton (the complainant) timely initiated a
request to the Equal Employment Opportunity Commission (the Commission) to
reconsider the decision in Mary C. Burton v. Daniel Glickman, Secretary,
Department of Agriculture, EEOC Appeal No. 01960911 (August 20, 1997).<1>
In 64 Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter
referred to as 29 C.F.R. � 1614.405(b)), the regulations provide that
the Commissioners may, in their discretion, reconsider any previous
decision where the party demonstrates that: (1) the previous 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).<2>
After a review of complainant's request to reconsider, the previous
decision, and the entire record, the Commission finds that complainant's
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. 01960911 (August 20, 1997) remains the Commission's
final decision. There is no further right of administrative appeal from
a decision of the Commission on a request to reconsider.
STATEMENT OF COMPLAINANT'S RIGHTS - ON REQUEST FOR RECONSIDERATION
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (P0400)
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, Acting Director
Office of Federal Operations
__07-26-00________________
Date
1By facsimile dated September 16, 1997, complainant requested an extension
of time in order to submit additional documentation. This request was
docketed as a request for reconsideration. By letter dated September
19, 1997, complainant was informed that she had until November 14, 1997
to submit a statement in support of her request for reconsideration.
On November 6, 1997, the Commission received a letter from complainant
indicating that her Union representative would subsequently submit
a statement. A review of the Commission's records indicates, however,
that no such statement was ever received.
2On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply to all
federal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.