05a31289
12-18-2003
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.