05990193
04-05-2000
Sally Arnett v. Department of the Navy
05990193
April 5, 2000
Sally Arnett, )
Complainant, )
) Request No. 05990193
v. ) Appeal No. 01976734
) Agency No. 97-00027-S05
Richard J. Danzig, )
Secretary, )
Department of the Navy, )
Agency. )
____________________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On or about November 28, 1998, Sally Arnett (complainant) initiated
a request to the Equal Employment Opportunity Commission (Commission)
to reconsider the decision in Sally Arnett v. Department of the Navy,
EEOC Appeal No. 01976734 (October 19, 1998).<1> EEOC Regulations provide
that the Commissioners may, in their discretion, reconsider any previous
Commission decision. 64 Fed. Reg. 37,644, 37,656 (1999)(to be codified
and hereinafter referred to as EEOC Regulation 29 C.F.R. �1614.405(b)).
The party requesting reconsideration must submit written argument
or evidence which tends to establish one or more of the following
two criteria: the appellate decision involved a clearly erroneous
interpretation of material fact or law; or the decision will have a
substantial impact on the policies, practices or operations of the agency.
A request for reconsideration must be filed within 30 days of receipt of
the previous appellate decision. 29 C.F.R. �1614.407(b). A request is
timely filed if delivered in person or postmarked before the expiration
of the applicable filing period. 29 C.F.R. �1614.604(b).
A certified mail return receipt indicates that complainant received
the previous decision on October 21, 1998. We note, however, that her
request for reconsideration was postmarked November 29, 1998, which was
39 days after her receipt of the previous decision. Not only did the
previous decision include a statement of rights informing complainant
of the applicable time limit, it specifically advised complainant that,
if extenuating circumstances prevented the timely filing of a request,
she had to submit with her request a written statement setting forth the
circumstances which caused the delay and any supporting documentation.
In this case, complainant has submitted nothing that would justify
tolling the applicable time limitations period. Accordingly, we find
that her request for reconsideration is untimely. The Commission's
decision in EEOC Appeal No. 01976734 (October 19, 1998) remains the
Commission's final decision in this matter. 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 (P1199)
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:
April 5, 2000
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
Date
1 On 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.