05991143
11-15-1999
Allen McCrear, Appellant, v. Louis Caldera, Secretary, Department of the Army, Agency.
Allen McCrear v. Department of the Army
05991143
November 15, 1999
Allen McCrear, )
Appellant, )
)
v. ) Request No. 05991143
) Appeal No. 01984379
Louis Caldera, )
Secretary, )
Department of the Army, )
Agency. )
______________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On September 13, 1999, Allen McCrear (appellant) initiated a request to
the Equal Employment Opportunity Commission (EEOC) to reconsider the
decision in Allen McCrear v. Louis Caldera, Secretary, Department of
the Army, EEOC Appeal No. 01984379 (June 30, 1999). EEOC Regulations
provide that the Commission may, in its 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 appellant received
the previous decision on July 20, 1999. We note, however, that his
request for reconsideration was postmarked September 13, 1999, which
was 55 days after his receipt of the previous decision. Not only did
the previous decision include a statement of rights informing appellant
of the applicable time limit, it specifically advised appellant that,
if extenuating circumstances prevented the timely filing of a request,
he had to submit with his request a written statement setting forth the
circumstances which caused the delay and any supporting documentation. In
this case, appellant has submitted nothing that would justify tolling the
applicable time limitations period. Accordingly, we find that his request
for reconsideration is untimely. The Commission's decision in EEOC Appeal
No. 01984379 (June 30, 1999) remains the Commission's final decision in
this matter. There is no further right of administrative appeal on the
decision of the Commission on this 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:
November 15, 1999
Date Frances M. Hart
Executive Officer
Executive Secretariat