05980125
06-17-1999
Roy M. Cowins, Appellant, v. Togo D. West, Jr., Secretary, Department of Veterans Affairs, Agency.
Roy M. Cowins v. Department of Veterans Affairs
05980125
June 17, 1999
Roy M. Cowins, )
Appellant, )
) Request No. 05980125
v. ) Appeal No. 01972138
)
Togo D. West, Jr., )
Secretary, )
Department of Veterans Affairs, )
Agency. )
)
DENIAL OF RECONSIDERATION
On November 12, 1997, the Equal Employment Opportunity Commission
(Commission) received a request from Roy M. Cowins (hereinafter
referred to as appellant) to reconsider the decision in Roy M. Cowins
v. Hershel W. Gober, Acting Secretary, Department of Veterans Affairs,
EEOC Appeal No. 01972138 (September 26, 1997). EEOC Regulations provide
that the Commissioners may, in their discretion, reconsider any previous
decision. 29 C.F.R. �1614.407(a). A request for reconsideration must
be filed within 30 days of receipt of the previous appellate decision.
29 C.F.R. �1614.407(b). A request is timely filed if delivered in person
or postmarked before the expiration of the applicable filing period.
29 C.F.R. �1614.604(b).
A certified mail return receipt indicates that the previous decision
was received at appellant's address of record on October 2, 1997.
Although appellant indicated that he mailed a copy of his request to the
agency on October 31, 1997, there is no postmark on the request received
by the Commission. EEOC Regulation 29 C.F.R. �1614.604(b) provides that,
in the absence of a legible postmark, a document is considered timely if
it is received by mail within 5 days of the expiration of the applicable
filing period. Appellant's request for reconsideration was not received
by the Commission until November 12, 1997.
The previous decision included a statement of rights apprising appellant
of the time limit to initiate a request for reconsideration. In addition,
the previous decision specifically advised appellant that, if extenuating
circumstances prevented the timely filing of a request, he must submit a
written statement setting forth the circumstances which caused the delay
and any supporting documentation with its request. The Commission finds
that appellant has submitted no justification for tolling the applicable
time limitations period. Accordingly, his request for reconsideration
is untimely. The Commission's decision in EEOC Appeal No. 01972138
(September 26, 1997) remains the Commission's final decision in this
matter. There is no further right of administrative appeal from a
decision of the Commission on request for reconsideration.
STATEMENT OF RIGHTS ON 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 17, 1999
Date Frances M. Hart
Executive Officer
Executive Secretariat