05A41227_r
09-21-2004
Paz A. Encomienda, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Paz A. Encomienda v. Department of Veterans Affairs
05A41227
September 21, 2004
.
Paz A. Encomienda,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A41227
Appeal No. 01A33662
Agency No. 200K-0537-20011116340/200K-1812
DENIAL OF REQUEST FOR RECONSIDERATION
Paz A. Encomienda (complainant) initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Paz A. Encomienda v. Department of Veterans Affairs,
EEOC Appeal No. 01A33662 (July 20, 2004). By regulation, requests for
reconsideration must be filed within thirty (30) calendar days after
the party requesting reconsideration receives our previous decision.
29 C.F.R. � 1614.405(b). A document is timely if received or postmarked
before the expiration of the applicable filing period, or, in the absence
of a legible postmark, is received by mail within five days of the
expiration of the applicable filing period. 29 C.F.R. � 1614.604(b).
The Commission's previous decision included a Certificate of Mailing
indicating that for timeliness purposes, the Commission will presume that
a decision was received within five calendar days of mailing, which was
July 20, 2004. Here, complainant's request for reconsideration was sent
to the Commission on September 9, 2004, which is untimely.
Complainant's request to reconsider is untimely and is DISMISSED.
The decision in EEOC Appeal No. 01A33662 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
September 21, 2004
__________________
Date