05A31132
09-11-2003
Teresa Wegener, Complainant, v. Gale A. Norton, Secretary, Department of the Interior, Agency.
Teresa Wegener v. Department of the Interior
05A31132
09-11-03
.
Teresa Wegener,
Complainant,
v.
Gale A. Norton,
Secretary,
Department of the Interior,
Agency.
Request No. 05A31132
Appeal No. 01A03847
Agency Nos. FNP-95-041
FNP-95-091
DENIAL OF REQUEST FOR RECONSIDERATION
Teresa Wegener (complainant) initiated a request to the Equal Employment
Opportunity Commission (EEOC or Commission) to reconsider the decision in
Teresa Wegener v. Department of the Interior, EEOC Appeal No. 01A03847
(June 11, 2003). 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).
Requests for reconsideration are deemed filed on the date received by
the Commission, unless postmarked earlier.
The record reflects that our previous decision was mailed to complainant's
address of record on June 11, 2003. Allowing for a five (5) day
presumption of receipt, complainant should have received the previous
decision on June 16, 2003; consequently, complainant's request for
reconsideration (request) should have been filed no later than July 16,
2003. Complainant's request, however, was not filed until August 8, 2003.
Complainant did not offer an explanation regarding why her request was
filed in an untimely manner. Therefore, we find that complainant has
not submitted an adequate justification for extending or waiving the
30-day time limitation period.
After a review of complainant's request for reconsideration, the previous
decision, and the entire record, the Commission finds that the request
was filed in an untimely manner; therefore, it is the decision of the
Commission to deny the request. The decision in EEOC Appeal No. 01A03847
remains the Commission's final decision. The agency shall comply with
the order set forth in that decision as restated below. There is no
further right of administrative appeal on the decision of the Commission
on this request for reconsideration.
ORDER
The agency shall submit to the Hearings Unit of the appropriate EEOC field
office the request for a hearing within fifteen (15) calendar days of
the date this decision becomes final. The agency is directed to submit
a copy of the complaint file to the EEOC Hearings Unit within fifteen
(15) calendar days of the date this decision becomes final. The agency
shall provide written notification to the Compliance Officer at the
address set forth below that the complaint file has been transmitted
to the Hearings Unit. Thereafter, the AJ shall issue a decision on the
complaint in accordance with 29 C.F.R. � 1614.109 and the agency shall
issue a final action in accordance with 29 C.F.R. � 1614.110.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0501)
Compliance with the Commission's corrective action is mandatory. The
agency shall submit its
compliance report within thirty (30) calendar days of the completion
of all ordered corrective action. The report shall be submitted to
the Compliance Officer, Office of Federal Operations, Equal Employment
Opportunity Commission, P.O. Box 19848, Washington, D.C. 20036. The
agency's report must contain supporting documentation, and the agency
must send a copy of all submissions to the complainant. If the
agency does not comply with the Commission's order, the complainant
may petition the Commission for enforcement of the order. 29 C.F.R. �
1614.503(a). The complainant also has the right to file a civil action
to enforce compliance with the Commission's order prior to or following
an administrative petition for enforcement. See 29 C.F.R. �� 1614.407,
1614.408, and 29 C.F.R. � 1614.503(g). Alternatively, the complainant
has the right to file a civil action on the underlying complaint
in accordance with the paragraph below entitled "Right to File A
Civil Action." 29 C.F.R. �� 1614.407 and 1614.408. A civil action for
enforcement or a civil action on the underlying complaint is subject to
the deadline stated in 42 U.S.C. 2000e-16(c) (1994 & Supp. IV 1999). If
the complainant files a civil action, the administrative processing of
the complaint, including any petition for enforcement, will be terminated.
See 29 C.F.R. � 1614.409.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (R0900)
This is a decision requiring the agency to continue its administrative
processing of your complaint. However, if you wish to file a civil
action, you have the right to file such action in an appropriate United
States District Court within ninety (90) calendar days from the date
that you receive this decision. In the alternative, you may file a
civil action after one hundred and eighty (180) calendar days of the date
you filed your complaint with the agency, or filed your appeal with the
Commission. 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. 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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
___09-11-03_______________
Date