01a00073
12-22-2000
Mary S. Lovelady Complainant, v. Hershel W. Gober, Acting Secretary, Department of Veterans Affairs, Agency.
Mary S. Lovelady v. Department of Veterans Affairs
01A00073
12-22-00
.
Mary S. Lovelady
Complainant,
v.
Hershel W. Gober,
Acting Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 01A00073
Agency No. 98-3159
DISMISSAL
On September 30, 1999, complainant filed an appeal with this Commission
from a final agency decision, dated August 11, 1999, dismissing her
complaint.<1> By regulation, appeals to the Commission must be filed
within thirty (30) calendar days after a complainant receives the final
agency decision. Appeals are deemed filed on the date received by the
Commission, unless postmarked earlier. See 29 C.F.R. � 1614.604(b).
In this case, the certified return mail receipt indicates that a
family member, later identified as complainant's husband, received
the agency's final decision at their home address on August 16, 1999.
Complainant's appeal on September 30, 1999 was, therefore, beyond the
thirty (30) day time limit set by the Regulations. A review of the
final agency decision indicates that complainant was provided appeal
rights to the Commission, which included information on the 30-day time
limitation period for filing an appeal. On appeal, she indicated that
she did not discover the final decision until September 19, 1999, when
she was examining �magazines, advertisements and mail [that had been]
received weeks earlier.� According to complainant, she had been out of
the state for about two weeks and her husband placed the final decision
in a stack of mail for her to review when she returned. We find that
complainant has not presented an adequate justification for extending
or waiving the appeal filing period beyond thirty days.<2> Accordingly,
the appeal is DISMISSED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
The Commission may, in its discretion, reconsider the decision in this
case if the complainant or the agency submits a written request containing
arguments or evidence which tend to establish that:
1. The appellate decision involved a clearly erroneous interpretation
of material fact or law; or
2. The appellate decision will have a substantial impact on the policies,
practices, or operations of the agency.
Requests to reconsider, with supporting statement or brief, must be filed
with the office of federal operations (OFO) within thirty (30) calendar
days of receipt of this decision or within twenty (20) calendar days of
receipt of another party's timely request for reconsideration. See 29
C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for
29 C.F.R. Part 1614 (EEO MD-110), 9-18 (November 9, 1999). All requests
and arguments must be submitted to the Director, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. In the absence of a legible postmark, the
request to reconsider shall be deemed timely filed if it is received by
mail within five days of the expiration of the applicable filing period.
See 29 C.F.R. � 1614.604. The request or opposition must also include
proof of service on the other party.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely, unless extenuating circumstances
prevented the timely filing of the request. Any supporting documentation
must be submitted with your request for reconsideration. The Commission
will consider requests for reconsideration filed after the deadline only
in very limited circumstances. See 29 C.F.R. � 1614.604(c).
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0900)
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. If you
file a request to reconsider and also file a civil action, filing a civil
action will terminate the administrative processing of your complaint.
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
____12-22-00__________________________
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 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.
2We note in this regard that complainant did not explain why, after
discovering the final decision on September 19, 1999, she waited 11 more
days before she filed the one page appeal form with the Commission.