05a60618
08-03-2006
Carol Ann Paulson, Complainant, v. Hector V. Barreto, Administrator, Small Business Administration, Agency.
Carol Ann Paulson v. Small Business Administration
05A60618
8-3-06
.
Carol Ann Paulson,
Complainant,
v.
Hector V. Barreto,
Administrator,
Small Business Administration,
Agency.
Request No. 05A60618
Appeal No. 01A55696
Agency No. 01-04-0004
DECISION ON REQUEST FOR RECONSIDERATION
On April 14, 2006, Carol Ann Paulson (complainant) timely requested
reconsideration of the decision in Carol Ann Paulson v. Hector V. Barreto,
Administrator, Small Business Administration, EEOC Appeal No. 01A55696
(March 10, 2006). 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 previous
decision involved a clearly erroneous interpretation of material fact or
law; or (2) the decision will have a substantial impact on the policies,
practices or operation of the agency. 29 C.F.R. � 1614.405(b).
After review of the previous decision and the entire record, the
Commission finds that the request fails to meet the criteria of 29
C.F.R. � 1614.405(b), and it is the decision of the Commission to
deny the request. The decision in EEOC Appeal No. 01A55696 remains
the Commission's final decision. There is no further right of
administrative appeal on the decision of the Commission on a request
for reconsideration.<1>
STATEMENT OF COMPLAINANT'S RIGHTS - ON REQUEST FOR RECONSIDERATION
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
______8-3-06____________
Date
1Complainant is advised that the Commission does not conduct
investigations on appeal or request for reconsideration, that there is
no requirement to retain an attorney for EEOC hearings, and pursuit of
the new matters raised require timely contact with an EEO counselor.