05A30551
03-27-2003
Rafael Nieves-Gerena, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Rafael Nieves-Gerena v. Department of Veterans Affairs
05A30551
March 27, 2003
.
Rafael Nieves-Gerena,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A30551
Appeal No. 01A20838
Agency No. 2001-947
Hearing No. 160-A1-8178X
DENIAL OF REQUEST FOR RECONSIDERATION
Complainant initiated a request to the Equal Employment Opportunity
Commission to reconsider the decision in Rafael Nieves-Gerena
v. Department of Veterans Affairs, EEOC Appeal No. 01A20838 (September 26,
2002). 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 his request for reconsideration on February 27, 2003.
In his request for reconsideration, complainant does not contend
that he received our prior decision beyond the five-day time frame.
In order for his request for reconsideration to be considered timely,
complainant had to file it by October 28, 2002. 29 C.F.R. � 1614.604.
Complainant does not provide adequate justification for an extension of
the applicable time limit for filing his request for reconsideration.
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. 01A20838
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
March 27, 2003
__________________
Date