05a00080
03-08-2000
Mona L. Dogans, Complainant, v. Andrew M. Cuomo, Secretary, Department of Housing & Urban Development, Agency.
Mona L. Dogans v. Department of Housing & Urban Development
05A00080
March 8, 2000
Mona L. Dogans, )
Complainant, )
) Request No. 05A00080
v. ) Appeal No. 01986528
) Agency No. FW-97-14
Andrew M. Cuomo, )
Secretary, )
Department of Housing & Urban )
Development, )
Agency. )
____________________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On 10/22/99, Mona L. Dogans (complainant)initiated a request to the
Equal Employment Opportunity Commission (Commission) to reconsider the
decision in Mona L. Dogans v. Department of Housing & Urban Development,
EEOC Appeal No. 01986528 (9/22/99).<1> EEOC Regulations provide that
the Commissioners may, in their discretion, reconsider any previous
Commission decision. 64 Fed. Reg. 37,644, 37,656 (1999)(to be codified
and hereinafter referred to as EEOC Regulation 29 C.F.R. � 1614.405(b)).
The party requesting reconsideration must submit written argument
or evidence which tends to establish one or more of the following
two criteria: the appellate decision involved a clearly erroneous
interpretation of material fact or law; or the decision will have a
substantial impact on the policies, practices or operations of the
agency. Complainant's request is denied.
In her request, complainant argues that we should reconsider our
prior decision which found she failed to timely appeal the agency's
final decision. Specifically, she argues that a hurricane hit the New
Orleans area around the time of her appeal, which prevented her from
complying with the time limits for filing an appeal. Complainant also
argues that the following prevented her from timely filing an appeal:
preparation for her EEO hearing, preparation for another employees'
EEO hearing, FLRA testimony, union representation, agency work, and
attending Labor Classes. Although we are sympathetic with complainant's
arguments, she failed to submit any evidence that a hurricane prevented
the timely filing of her appeal. Complainant failed to submit evidence,
either in her request or her appeal, that the mail was delayed due to
the weather, as she contends. After a review of complainant's request
for reconsideration, the previous decision, and the entire record,
the Commission finds complainant's request does not meet the criteria
of 29 C.F.R. � 1614.405(b), and it is the decision of the Commission
to deny complainant's request. The decision of the Commission in EEOC
Appeal No. 01986528 remains the Commission's final decision. There is no
further right of administrative appeal from a decision of the Commission
on a request for reconsideration.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P1199)
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:
March 8, 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.