05A4062805A40629
06-30-2004
Regina Holmes and Martha K. Personette, Complainants, v. Tommy G. Thompson, Secretary, Department of Health and Human Services, Agency.
Regina Holmes Martha Kay Personette v. Department of Health and Human
Services,
05A40628/05A40629
June 30, 2004
.
Regina Holmes and Martha K. Personette,
Complainants,
v.
Tommy G. Thompson,
Secretary,
Department of Health and Human Services,
Agency.
Request Nos. 05A40628 & 05A40629
Appeal Nos. 01A30341 & 01A32774
Agency Nos. 00-019-HCF & 00-018-HCF
Hearing Nos. 110-A1-8177 & 110-A1-8176X
DISMISSAL OF REQUESTS FOR RECONSIDERATION
On March 30, 2004, Regina Holmes and Martha K. Personette (complainants)
initiated requests to the Equal Employment Opportunity Commission
(the Commission or EEOC) to reconsider the decision in Regina Holmes
and Martha K. Personette v. Department of Health and Human Services,
EEOC Appeal Nos. 01A30341 and 01A32774 (October 27, 2003). The record
reveals that the appellate decision was issued on October 27, 2003.
A review of the decision reveals that the Commission properly advised
complainants that they had thirty (30) calendar days after receipt of
its decision to file a request for reconsideration with the Commission.
The decision noted that there is a presumption that a Commission decision
is received within five (5) calendar days after it is mailed. Therefore,
in order to be considered timely, complainants had to file their requests
for reconsideration no later than December 1, 2003. Complainants have not
offered justification for an extension of the applicable time limit for
filing the request for reconsideration. Accordingly, complainants' March
30, 2004 requests are hereby dismissed. See 29 C.F.R. � 1614.405(b).
COMPLAINANTS' 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 30, 2004
__________________
Date