05990412
06-11-1999
Nancy Beach, Appellant, v. Carol M. Browner, Administrator, Environmental Protection Agency, Agency.
Nancy Beach v. Environmental Protection Agency
05990393
June 11, 1999
)
Nancy Beach, )
Appellant, )
) Request No. 05990393
v. ) Appeal No. 01974405
) Agency No. 91-0062-HQ,
Carol M. Browner, ) 92-0088-HQ, 93-0031-HQ
Administrator, )
Environmental Protection Agency, )
Agency. )
)
DENIAL OF REQUEST FOR RECONSIDERATION
On February 20, 1999, Nancy Beach (appellant) initiated a request to
the Equal Employment Opportunity Commission (EEOC) to reconsider the
decision in Beach v. EPA, EEOC Appeal No. 01974405 (August 20, 1998). EEOC
Regulations provide that the Commissioners may, in their discretion,
reconsider any previous Commission decision. 29 C.F.R. �1614.407(a).
By regulation, requests for reconsideration must be filed within thirty
(30) calendar days after the party requesting reconsideration received our
previous decision. 29 C.F.R. �1614.407(b). Requests for reconsideration
are deemed filed on the date received by the Commission unless postmarked
earlier.
In this case, appellant's request for reconsideration was received
by the Commission in an envelope with a postmark date of February
20, 1999. The record reflects that appellant received our previous
decision on September 1, 1998. Thus, appellant filed her request for
reconsideration more than thirty calendar days after she received the
previous decision. In her request, appellant references "mitigating
circumstances", but does not provide any explanation. Appellant failed to
submit justification for extending the filing period beyond thirty days.
Accordingly, appellant's request for reconsideration is untimely and
is DENIED. The decision of the Commission in Appeal No. 01974405
remains the Commission's final decision. There is no further right
of administrative appeal from the decision of the Commission on this
request for reconsideration.
RIGHT TO FILE A CIVIL ACTION (P0993)
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.
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. 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 (Z1092)
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:
June 11, 1999
_______________ ______________________________
Date Frances M. Hart
Executive Officer
Executive Secretariat