05980740
10-01-1998
Naomi R. Turner, Appellant, v. Louis Caldera, Secretary, Department of the Army, Agency.
Naomi R. Turner v. Department of the Army
05980740
October 1, 1998
Naomi R. Turner, )
Appellant, )
)
v. ) Request No. 05980740
) Appeal No. 01975182
Louis Caldera, ) Agency No. BHAAFO9511F0430
Secretary, )
Department of the Army, )
Agency. )
______________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On May 11, 1998, Naomi R. Turner (appellant) timely initiated a request
to the Equal Employment Opportunity Commission (EEOC) to reconsider the
decision in Turner v. Department of the Army, EEOC Appeal No. 01975182
(March 23, 1998). Appellant received the previous decision on April
11, 1998. EEOC Regulations provide that the Commissioners may,
in their discretion, reconsider any previous Commission decision.
29 C.F.R. �1614.407(a). The party requesting reconsideration must submit
written argument or evidence which tends to establish one or more of the
following three criteria: 29 C.F.R. �1614.407(c)(1) (new and material
evidence is available that was not readily available when the previous
decision was issued); 29 C.F.R. �1614.407(c)(2) (the previous decision
involved an erroneous interpretation of law, regulation or material fact,
or misapplication of established policy); and 29 C.F.R. �1614.407(c)(3)
(the previous decision is of such exceptional nature as to have
substantial precedential implications). Appellant's request is denied.
The record indicates that appellant received the final agency decision
(FAD) on May 14, 1997. The FAD provided appellant with the correct
address of the Commission and the appropriate 30 day time frame for
filing an appeal. Appellant's appeal to the Commission was postmarked
June 17, 1997. The previous decision found that appellant's appeal was
untimely filed with the Commission and that appellant failed to submit
justification to invoke waiver or equitable tolling. Appellant's appeal
was dismissed.
In her request for reconsideration, appellant asserts she has been
unable to get a copy of the 29 C.F.R. �1614 regulations. Specifically,
appellant requests a copy of 29 C.F.R. �1614.402(a). The Commission notes
that the final agency decision contains a bold heading "Section 1614.402
Time for appeals to the Commission" and contains the language of the
regulation. Appellant references health problems, but information she
submitted later deals with her health in 1996 and does not explain her
delay in filing her appeal. Appellant has failed to submit justification
for extending the time limits.
After a review of appellant's request for reconsideration, the previous
decision, and the entire record, the Commission finds appellant's request
does not meet the criteria of 29 C.F.R. �1614.407(c), and it is the
decision of the Commission to deny appellant's request. The decision
of the Commission in Appeal No. 01975182 remains the Commission's final
decision. There is no further right of administrative appeal from the
decision of the Commission on this request for reconsideration.
RIGHT TO FILE A CIVIL ACTION (P0993)
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.
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. 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 (Z1092)
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:
Oct. 1, 1998
_______________ ______________________________
Date Frances M. Hart
Executive Officer
Executive Secretariat