Anita L. Green, Complainant,v.Dr. James G. Roche, Secretary, Department of the Air Force, Agency.

Equal Employment Opportunity CommissionDec 18, 2003
05a31289 (E.E.O.C. Dec. 18, 2003)

05a31289

12-18-2003

Anita L. Green, Complainant, v. Dr. James G. Roche, Secretary, Department of the Air Force, Agency.


Anita L. Green v. Department of the Air Force

05A31289

12-18-03

.

Anita L. Green,

Complainant,

v.

Dr. James G. Roche,

Secretary,

Department of the Air Force,

Agency.

Request No. 05A31289

Appeal No. 01A20853

Agency No. LAOJ98054

Hearing No. 360-99-8632X

DISMISSAL OF REQUEST TO RECONSIDER

On April 4, 2003, Anita L. Green (complainant) initiated a request to

the Equal Employment Opportunity Commission to reconsider the decision

in Anita L. Green v. Dr. James G. Roche, Secretary, Department of the

Air Force, EEOC Appeal No. 01A20853 (February 24, 2003). The previous

decision was mailed to complainant's address on February 24, 2003.

As stated in that decision, the Commission presumes receipt within

five calendar days, and, as stated in the notice of rights, any request

for reconsideration must be filed within 30 calendar days of receipt.

Complainant's request, therefore, should have been filed on or before

March 31, 2003. The instant request, however, is dated by complainant on

April 4, 2003, four days beyond the last filing day. Complainant did

not provide an explanation for the tardiness of her request or any

reason to extend the time period.<1> See 29 C.F.R. � 1614.604(c).

For this reason, complainant's request is dismissed. The decision

in EEOC Appeal No. 01A20853 remains the Commission's final decision.

There is no further right of administrative appeal on the decision of

the Commission on a request for reconsideration.

STATEMENT OF COMPLAINANT'S RIGHTS - ON 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

___12-18-03_______________

Date

1We note that while complainant's address changed in October 2002,

she did not indicate that the previous decision was not received at her

current address.