01a32359
02-27-2004
Ray F. Howard, Complainant, v. John W. Snow, Secretary, Department of the Treasury, Agency.
Ray F. Howard v. Department of the Treasury
01A32359
02-27-04
.
Ray F. Howard,
Complainant,
v.
John W. Snow,
Secretary,
Department of the Treasury,
Agency.
Appeal No. 01A32359
Agency No. 02-2081T
DISMISSAL OF APPEAL
By Notice of Appeal postmarked March 12, 2003, complainant filed an
appeal with this Commission from the January 22, 2003, final agency
decision (FAD). The FAD found that the agency did not discriminate
against complainant based on race/color (black), age (DOB 10-05-45),
reprisal for prior EEO activity, and disability (neck, shoulder, back)
with regard to (a) his performance appraisal in October 2001 and (b)
reasonable accommodation.
By his own admission as stated on his Notice of appeal, complainant
received the agency's FAD on January 29, 2003. A review of the FAD
reveals that the agency properly advised complainant that he had thirty
(30) calendar days after receipt of its final decision to file his Notice
of appeal with the Commission. Therefore, in order to be considered
timely, complainant had to file his Notice no later than February 27,
2003. Complainant stated in justification of his tardy filing that he was
"on medically documented sick leave from Feb. 24, 2003 to March 10, 2003.
Part of this time I was hospitalized." In support, he submitted two short
notes from his doctor stating that from February 21-March 2, complainant
"needs this short period for rest and adjustment of his medication;"
and that from March 3-9, he was "recovering from acute hospitalization."
Neither of these notes indicate the period of hospitalization or the
degree to which he was incapacitated; nor has complainant explained
why he could not have completed and mailed the one page Notice before
his hospitalization, after it, or otherwise within the 30-day period.
We conclude, therefore, that complainant has not offered adequate
justification for an extension of the applicable time limit for filing
his appeal.
CONCLUSION
Accordingly, complainant's March 11, 2003 appeal is hereby dismissed.
See 29 C.F.R. � 1614.403(c); 29 C.F.R. � 1614.604(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
____02-27-04______________
Date