05A30028
12-16-2002
Malinda A. Morrow-Kitchings, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Malinda A. Morrow-Kitchings v. Department of Veterans Affairs
05A30028
December 16, 2002
.
Malinda A. Morrow-Kitchings,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A30028
Appeal No. 01A02544
Agency No. 98-3194
Hearing No. 130-99-8159X
DENIAL OF REQUEST FOR RECONSIDERATION
Malinda A. Morrow-Kitchings (complainant) timely initiated a request
to the Equal Employment Opportunity Commission (EEOC or Commission) to
reconsider the decision in Malinda A. Morrow-Kitchings v. Department of
Veterans Affairs, EEOC Appeal No. 01A02544 (June 7, 2002). 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 complainant
within five (5) days of being sent on June 7, 2002. 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 September 28, 2002, more than two months after the 30 calendar day
limitation period. The complainant has not submitted adequate argument
or evidence to justify her delay.
Accordingly, the complainant's request for reconsideration is untimely
and is DISMISSED. The Commission's decision in EEOC Appeal No. 01A02544
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 16, 2002
__________________
Date