05A40243
12-18-2003
Lillian F. Sandle, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Lillian F. Sandle v. Department of Veterans Affairs
05A40243
December 18, 2003
.
Lillian F. Sandle,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A40243
Appeal No. 01A23722
Agency No. 98-2405
Hearing No. 320-99-8412X
DENIAL OF REQUEST FOR RECONSIDERATION
Lillian F. Sandle (complainant) initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Lillian F. Sandle v. Department of Veterans Affairs,
EEOC Appeal No. 01A23722 (May 15, 2003). By regulation, requests for
reconsideration must be filed within thirty 30 calendar days after
the party receives our previous decision. 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. 29 C.F.R. � 1614.604(b).
The previous decision was presumed to have been received by the
complainant within five (5) days of being sent on May 15, 2003.
The decision informed the complainant of her right to request
reconsideration, the regulatory time limit to do so, and the EEOC
address where the request should be sent. The complainant's request
for reconsideration was filed on November 20, 2003, several months after
the 30 calendar day limitation period.
On request, the complainant claims that she mailed her request on June
20, 2003. The Commission has no record of such a request, and we find
the request was filed on November 20, 2003. However, even if the request
was filed on June 20, 2003, it would still be untimely by one day.
The complainant has not submitted adequate argument or evidence to
justify her delay.
The complainant's request for reconsideration is untimely and is
DISMISSED. The Commission's decision in EEOC Appeal No. 01A23722
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.
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
December 18, 2003
__________________
Date