05a00067
04-03-2000
Ollie M. Darby, Complainant, v. Bill Richardson, Secretary, Department of Energy, Agency.
Ollie M. Darby v. Department of Energy
05A00067
April 3, 2000
Ollie M. Darby, )
Complainant, )
) Request No. 05A00067
v. ) Appeal No. 01984062
) Agency No. 98(040)OH
)
Bill Richardson, )
Secretary, )
Department of Energy, )
Agency. )
)
DENIAL OF REQUEST FOR RECONSIDERATION
On October 17, 1999, Ollie M. Darby (complainant)/the Department of
Energy (agency) initiated a request to the Equal Employment Opportunity
Commission (Commission) to reconsider the decision in Ollie M. Darby
v. Department of Energy, EEOC Appeal No. 01984062 (June 18, 1999).<1>
EEOC Regulations provide that the Commissioners may, in their discretion,
reconsider any previous Commission decision. 64 Fed. Reg. 37,644, 37,656
(1999)(to be codified and hereinafter referred to as EEOC Regulation 29
C.F.R. � 1614.405(b)). The party requesting reconsideration must submit
written argument or evidence which tends to establish one or more of
the following two criteria: the appellate decision involved a clearly
erroneous interpretation of material fact or law; or the decision will
have a substantial impact on the policies, practices or operations of
the agency. Complainant's request is denied.
After a review of complainant's request for reconsideration, the
Commission finds that complainant received the Commission's previous
decision on June 23, 1999 and filed a request for reconsideration on
October 17, 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 a complainant must file his or her
request for reconsideration within thirty days of receipt of the decision
on appeal. Here, the Commission finds that the complainant did not
file her request for reconsideration within the thirty days allotted
pursuant to 29 C.F.R. � 1614.604. Furthermore, complainant 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 complainant's request. The decision in EEOC Appeal No. 01984062
(June 18, 1999) remains the Commission's final decision. There is no
further right of administrative appeal on a decision of the Commission
on this Request for Reconsideration.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S1199)
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:
April 3, 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 of mailing. I certify that
the 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.