05A40644
04-19-2004
Michael F. Longo, Complainant, v. Donald H. Rumsfeld, Secretary, Department of Defense, (Defense Commissary Agency), Agency.
Michael F. Longo v. Department of Defense (Defense Commissary Agency)
05A40644
April 19, 2004
.
Michael F. Longo,
Complainant,
v.
Donald H. Rumsfeld,
Secretary,
Department of Defense,
(Defense Commissary Agency),
Agency.
Request No. 05A40644
Appeal No. 01A24811
Agency No. OODCMW41001
Hearing No. 360-A0-8514X
DENIAL OF REQUEST FOR RECONSIDERATION
Michael F. Longo (complainant) initiated a request to the Equal Employment
Opportunity Commission (EEOC or Commission) to reconsider the decision
in Michael F. Longo v. Department of Defense, EEOC Appeal No. 01A24811
(December 23, 2003). EEOC Regulations provide that a party may request
reconsideration within thirty days of receipt of the previous Commission
decision. See 29 C.F.R. � 1614.405(b). Unless evidence to the contrary
is presented, the Commission presumes that a decision is received within
five calendar days after it is mailed.
Complainant filed his request for reconsideration on March 18, 2004.
In his request for reconsideration, complainant contends (without
supporting evidence) that he did not receive the prior decision until
January 3, 2004, which was beyond the five-day time frame. Even assuming
that complainant received the Commission's decision on January 3, 2004 as
he contends, in order for his request for reconsideration to be considered
timely, complainant would have had to file it by February 2, 2004.
29 C.F.R. � 1614.604. Complainant does not provide any justification for
why an extension of the applicable time limit for filing his request for
reconsideration is warranted. Accordingly, the Commission finds that
the 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. 01A24811 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 19, 2004
__________________
Date