01A13822
12-16-2002
Cynthia C. Cummings, Complainant, v. John Ashcroft, Attorney General, Department of Justice, Agency.
Cynthia C. Cummings v. Department of Justice
01A13822
December 16, 2002
.
Cynthia C. Cummings,
Complainant,
v.
John Ashcroft,
Attorney General,
Department of Justice,
Agency.
Appeal No. 01A13822
Agency No. 4001001
DECISION
Complainant timely appeals a final agency decision (FAD) dated April
26, 2001. For the following reasons, we DISMISS complainant's appeal
from the agency's April 26, 2001, FAD.
Specifically, the agency represented to the Commission in a letter dated
November 1, 2002, a copy of which was forwarded to complainant, that it
had neglected to include certain allegations which complainant had raised
in an amendment, filed on June 16, 2000, to the complaint. The agency
stated that it was, therefore, in the process of re-issuing an amended
"FAD ... to include reference to the amended complaint and supplemental
investigation." The Commission finds that the agency has rescinded the
FAD dated April 26, 2001.
Inasmuch as the agency has acknowledged its processing error in failing
to address the issues raised by complainant's amended complaint, and has
represented that it is correcting the error by currently processing the
amended complaint in accordance with 29 C.F.R. � 1614.108, we dismiss
the instant appeal.
We take this opportunity to remind the parties that the agency must
provide complainant with a copy of the new investigative file and
shall notify her that within thirty (30) days of her receipt of the
investigative file, she has the right to request a hearing and decision
from an EEOC Administrative Judge or an immediate FAD from the agency.
See 29 C.F.R. � 1614.108(f). We further advise complainant that if,
after receipt of the new final agency action, she is dissatisfied with
the disposition of the complaint, she must file a new appeal within thirty
(30) calendar days from receipt.
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
December 16, 2002
__________________
Date