05a00957
08-18-2000
Ma Luz M. Reloj, Complainant, v. Hershel W. Gober, Acting Secretary, Department of Veterans Affairs, Agency.
Ma Luz M. Reloj v. Department of Veterans Affairs
05A00957
August 18, 2000
.
Ma Luz M. Reloj,
Complainant,
v.
Hershel W. Gober,
Acting Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A00957
Appeal No. 01A01218
Agency No. 97-1403R
DISMISSAL OF REQUEST FOR RECONSIDERATION
Complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Ma Luz
M. Reloj v. Department of Veterans Affairs, EEOC Appeal No. 01A01218 (May
16, 2000).<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 and hereinafter
referred to 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) (to be codified and hereinafter
referred to as 29 C.F.R. � 1614.604(b)).
It is noted that the Commission's previous decision included Certificate
of Mailing indicating that for timeliness purpose, the Commission will
presume that this decision was received within five (5) calendar days
of mailing, which was May 16, 2000. Complainant filed her request for
reconsideration postmarked June 21, 2000, which was beyond the 30-day
time limit. On her request for reconsideration, complainant does not
submit adequate justification for extending the filing period beyond
30 days. Accordingly, complainant's request for reconsideration
is hereby DISMISSED. The decision in EEOC Appeal No. 01A01218
remains the Commission's final decision. 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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
August 18, 2000
__________________
Date
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
__________________
Date
______________________________
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.