05A31005
09-25-2003
Elva A. Richey, Complainant, v. R.L. Brownlee, Acting Secretary, Department of the Army, Agency.
Elva A. Richey v. Department of the Army
05A31005
09-25-03
.
Elva A. Richey,
Complainant,
v.
R.L. Brownlee,
Acting Secretary,
Department of the Army,
Agency.
Request No. 05A31005
Appeal No. 01A32558
Agency No. BKEQRE0104B0100
DENIAL OF REQUEST FOR RECONSIDERATION
On July 9, 2003, Elva A. Richey (complainant) timely initiated a request
to the Equal Employment Opportunity Commission (EEOC or Commission)
to reconsider the decision in Elva A. Richey v. Department of the Army,
EEOC Appeal No. 01A32558 (June 25, 2003). EEOC Regulations provide that
the Commission may, in its discretion, reconsider any previous Commission
decision where the requesting party demonstrates 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. See 29 C.F.R. �
1614.405(b).
The record indicates that complainant received the agency's final
decision (FAD) on August 24, 2002. Her appeal was not filed until
February 27, 2003, however. The previous decision, noting that the FAD
properly advised complainant that she had thirty (30) calendar days
after the receipt of its final decision to file her appeal with the
Commission, found that her appeal was filed in an untimely manner.
Because complainant failed to offer an adequate justification for
extending the time limitation period, her appeal was dismissed.
In her request for reconsideration, complainant did not address
the untimely filing of her appeal or its dismissal; instead, she
focused exclusively on the underlying facts of her discrimination
claim and the agency's investigation of that claim. After a review of
complainant's request for reconsideration, the previous decision, and
the entire record, the Commission finds that the request fails to meet
the criteria of 29 C.F.R. � 1614.405(b), and it is the decision of the
Commission to deny the request. The decision in EEOC Appeal No. 01A32558
remains the Commission's final decision. 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 (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
___09-25-03_______________
Date