05991046
11-05-1999
Arla M. Gaines, Appellant, v. Aida Alvarez, Administrator, Small Business Administration, Agency.
Arla M. Gaines v. Small Business Administration
05991046
November 5, 1999
Arla M. Gaines, )
Appellant, )
) Request No. 05991046
v. ) Appeal No. 01985897
) Agency No. 01-98-017
Aida Alvarez, )
Administrator, )
Small Business Administration, )
Agency. )
)
DISMISSAL OF REQUEST FOR RECONSIDERATION
On August 23, 1999, Arla M. Gaines (hereinafter referred to as the
appellant) initiated a request to the Equal Employment Opportunity
Commission (the Commission) to reconsider the decision in Arla M. Gaines
v. Aida Alvarez, Administrator, Small Business Administration, EEOC
Appeal No. 01985897 (July 13, 1999). The Commission's regulations require
that requests to reconsider be filed within thirty (30) calendar days of
the date the previous decision is received. See 29 C.F.R. �1614.407(b).
Our records show that the appellant received the previous decision on July
19, 1999. The appellant's request should have been filed on or before
August 18, 1999, and is untimely. Further, the appellant has not offered
reasons for waiver of these time requirements. 29 C.F.R. �1614.604(c).
For this reason, the appellant's request is dismissed. The decision
in EEOC Appeal No. 01985897 (July 13, 1999) remains the Commission's
final decision. There is no further right of administrative appeal on
a decision of the Commission on a Request for Reconsideration.
STATEMENT OF APPELLANT'S 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:
Nov. 5, 1999
Date Carlton Hadden, Acting Director
Office of Federal Operations