05970617
01-08-1999
Annie Hart, Appellant, v. William S. Cohen, Secretary, Department of Defense, Army & Air Force Exchange Service, Agency.
Annie Hart v. Department of Defense
05970617
January 8, 1999
Annie Hart, )
Appellant, )
)
v. ) Request No. 05970617
) Appeal No. 01965281
William S. Cohen, ) Agency No. 95-163
Secretary, )
Department of Defense, )
Army & Air Force Exchange Service, )
Agency. )
___________________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On March 18, 1997, appellant timely initiated a request to the Equal
Employment Opportunity Commission to reconsider the decision in
Annie Hart v. William J. Perry, EEOC Appeal No. 01965281 (February
18, 1997). EEOC Regulations provide that the Commissioners may,
in their discretion, reconsider any previous Commission decision.
29 C.F.R. �1614.407(a). The party requesting reconsideration must submit
written argument or evidence which tends to establish one or more of
the following three criteria: new and material evidence is available
that was not readily available when the previous decision was issued,
29 C.F.R. �1614.407(c)(1); the previous decision involved an erroneous
interpretation of law, regulation or material fact, or misapplication of
established policy, 29 C.F.R. �1614.407(c)(2); and the previous decision
is of such exceptional nature as to have substantial precedential
implications, 29 C.F.R. �1614.407(c)(3).
The previous decision dismissed appellant's appeal on the grounds that
it had been untimely filed. By regulation, appeals must be filed
within 30 calendar days of receipt of the agency's final decision.
29 C.F.R. � 1614.402(a). The certified return receipt corresponding
to the agency's final decision indicates that appellant received that
decision on Friday, December 8, 1995. She therefore had until Monday,
January 8, 1996 to file her appeal. Her appeal is dated May 1, 1996,
and was not received by the Commission until July 1996. Her appeal was
therefore untimely. Appellant does not present any argument or evidence
in her request for reconsideration which addresses the untimeliness
of her appeal. We therefore find that our previous decision correctly
dismissed appellant's appeal.
After a review of appellant's request for reconsideration, the
agency's response, the previous decision, and the entire record, the
Commission finds appellant's request does not meet the criteria of
29 C.F.R. �1614.407(c), and it is the decision of the Commission to
deny appellant's request. The decision of the Commission in Appeal
No. 01965281 remains the Commission's final decision. There is no
further right of administrative appeal from a decision of the Commission
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:
JAN 8, 1999
_______________ ______________________________
Date Frances M. Hart
Executive Officer
Executive Secretariat