William H.K. Kama, Complainant,v.Mike Leavitt, Secretary, Department of Health and Human Services, Agency.

Equal Employment Opportunity CommissionMar 28, 2005
05a50634 (E.E.O.C. Mar. 28, 2005)

05a50634

03-28-2005

William H.K. Kama, Complainant, v. Mike Leavitt, Secretary, Department of Health and Human Services, Agency.


William H.K. Kama v. Dept. of Health and Human Services

05A50634

March 28, 2005

.

William H.K. Kama,

Complainant,

v.

Mike Leavitt,

Secretary,

Department of Health and Human Services,

Agency.

Request No. 05A50634

Appeal No. 01A42788

Agency No. IHS-033-2

Hearing No. 380-2003-0827X

DENIAL

The complainant requested reconsideration of the decision in William

H.K. Kama v. Dept. of Health and Human Services, EEOC Appeal No. 01A42788

(June 25, 2004). EEOC Regulations provide that the Commission may, in its

discretion, grant a request to reconsider any previous Commission decision

where the requesting party demonstrates that: (1) the appellate decision

involved a clearly erroneous interpretation of material fact or law; or

(2) the appellate decision will have a substantial impact on the policies,

practices, or operations of the agency. See 29 C.F.R. � 1614.405(b).

By regulation, requests must be filed within thirty (30) calendar days

after the party receives the previous decision. 29 C.F.R. � 1614.405(b).

A document is timely if it is received or postmarked before the expiration

of the applicable filing period or, in the absence of a legible postmark,

if it is received by mail within five days of the expiration of the

applicable filing period. 29 C.F.R. � 1614.604(b).

It is noted that the Commission's previous decision included a Certificate

of Mailing indicating that, for purposes of timeliness, the Commission

will presume that the decision was received within five (5) calendar

days of the date on which it was mailed, June 25, 2004. Complainant

is presumed to have received the previous decision no later than June

30, 2004. Thirty days from that date is July 30, 2004. As evidenced

by the date on the facsimile cover sheet, Complainant submitted his

request on February 27, 2005, which was beyond the 30-day limit set by

regulation. Complainant does not give any reason for the delay.

For the foregoing reasons, the Complainant's request is denied. The

decision in EEOC Appeal No. 01A42788 remains the Commission's final

decision. There is no further right of administrative appeal on the

decision of the Commission on this request.

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 28, 2005

__________________

Date