05A40830
06-14-2004
Marilyn S. Heard, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Southeast Area), Agency.
Marilyn S. Heard v. United States Postal Service
05A40830
June 14, 2004
.
Marilyn S. Heard,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Southeast Area),
Agency.
Request No. 05A40830
Appeal No. 01A33139
Agency No. 1H-304-0053-00
Hearing No. 110-A3-8032X
DENIAL OF REQUEST FOR RECONSIDERATION
Marilyn S. Heard (complainant) initiated a request to the Equal Employment
Opportunity Commission (EEOC or Commission) to reconsider the decision in
Marilyn S. Heard v. United States Postal Service, EEOC Appeal No. 01A33139
(March 25, 2004). EEOC Regulations provide that a party may request
reconsideration within thirty days of receipt of the previous Commission
decision. See 29 C.F.R. � 1614.405(b). Unless evidence to the contrary
is presented, the Commission presumes that a decision is received within
five calendar days after it is mailed.
Complainant filed her request for reconsideration with the Commission
on May 17, 2004. In her request, complainant explains that she has
had personal problems which have impeded her ability to file a timely
request for reconsideration, and she asks for an extension of time
to submit supporting documentation. However, the regulations do
not provide for such extensions as that requested by complainant.
See 29 C.F.R. � 1614.405(b). As complainant does not contend that
she received our prior decision beyond the five-day time frame, in
order for her request for reconsideration to be considered timely,
complainant had to file it by April 29, 2004. 29 C.F.R. � 1614.604.
Accordingly, 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. 01A33139
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
June 14, 2004
__________________
Date