05a00051
03-13-2000
Maqbool H. Qureshi, Complainant, v. Daniel R. Glickman, Secretary, Department of Agriculture, Agency.
Maqbool H. Qureshi v. Department of Agriculture
05A00051
March 13, 2000
Maqbool H. Qureshi, )
Complainant, )
) Request No. 05A00051
v. ) Appeal No. 01985799
) Agency No. 951120
Daniel R. Glickman, )
Secretary, )
Department of Agriculture, )
Agency. )
____________________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On October 8, 1999, the United States Department of Agriculture (agency)
initiated a request to the Equal Employment Opportunity Commission
(Commission) to reconsider the decision in Maqbool H. Qureshi v. United
States Department of Agriculture, EEOC Appeal No. 01985799 (September
2, 1999).<1> EEOC Regulations provide that the Commissioners may, in
their 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 64 Fed. Reg. 37,644,
37,654 (1999) (to be codified and hereinafter referred to as 29 C.F.R. �
1614.405(b)).
After a review of the agency's request for reconsideration, the
Commission finds that agency received the Commission's previous decision
on September 7, 1999 and filed a request for reconsideration on October
8, 1999. Volume 64 Fed. Reg. 37,644, 37,659 (1999) (to be codified
at and hereinafter referred to as 29 C.F.R. � 1614.402(a)), provides
in relevant part, that either party must file his or her request for
reconsideration within thirty days of receipt of the decision on appeal.
Here, the Commission finds that the agency did not file their request
for reconsideration within the thirty days allotted pursuant to 29
C.F.R. � 1614.604. Furthermore, the agency has not provided any reasons
on request why the limitations period should be extended pursuant to Fed.
Reg. 37,644, 37,661 (1999) (to be codified at 29 C.F.R. � 1614.604).
Therefore, it is the decision of the Commission to deny the agency's
request. The decision in EEOC Appeal No. 01985799 (September 2, 1999)
remains the Commission's final decision. There is no further right of
administrative appeal from a decision of the Commission on 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:
March 13, 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 Equal Employment Assistant
1On 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.