05991192
07-21-2000
Kenneth E. Swanson, Complainant, Louis Caldera, Secretary, Department of the Army, Agency.
Kenneth E. Swanson v. Department of the Army
05991192
July 21, 2000
Kenneth E. Swanson, )
Complainant, ) Request No. 05991192
) Appeal No. 01983636
) Agency No. BSETFO9709H0100
)
Louis Caldera, )
Secretary, )
Department of the Army, )
Agency. )
____________________________________)
DISMISSAL OF REQUEST FOR RECONSIDERATION
The agency initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Kenneth E.
Swanson v. Army, EEOC Appeal No. 01983636 (July 23, 1999).<1> By
regulation, requests for reconsideration must be filed within 30 calendar
days after the party receives our previous decision. 64 Fed. Reg. 37,644,
37,659 (1999) (to be codified as 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, is
received by mail within five days of the expiration of the applicable
filing period. 64 Fed. Reg. 37,644, 37,661 (1999) (29 C.F.R. �
1614.604(b)).
A United States Post Office domestic return receipt indicates that
our previous decision was received by the agency on July 27, 1999.
The agency's request for reconsideration was received by the Commission
via facsimile transmission on September 29, 1999, beyond the 30 calendar
day limitation period. The agency did not submit any justification for
extending the filing period beyond 30 days. Accordingly, the agency's
request for reconsideration is untimely and is DISMISSED. The Commission's
decision in EEOC Appeal No. 01983636 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.
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (P0400)
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:
July 21, 2000
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply to all
federal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.