Oressa Springs, Appellant,v.Robert E. Rubin, Secretary, Department of the Treasury (Internal Revenue Service), Agency.

Equal Employment Opportunity CommissionJan 4, 1999
05970664 (E.E.O.C. Jan. 4, 1999)

05970664

01-04-1999

Oressa Springs, Appellant, v. Robert E. Rubin, Secretary, Department of the Treasury (Internal Revenue Service), Agency.


Oressa Springs v. Department of the Treasury

05970664

January 4, 1999

Oressa Springs, )

Appellant, )

) Request No. 05970664

v. ) Appeal No. 01951774

) Agency No. 93-3055

Robert E. Rubin, )

Secretary, )

Department of the Treasury )

(Internal Revenue Service), )

Agency. )

)

DENIAL OF REQUEST TO RECONSIDER

On April 7, 1997, Oressa Springs (hereinafter referred to as appellant)

timely initiated a request to the Equal Employment Opportunity Commission

(the Commission) to reconsider the decision in Oressa Springs v. Robert

E. Rubin, Secretary, Department of the Treasury (Internal Revenue

Service), EEOC Appeal No. 01951774 (March 4, 1997).<0> 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:

new and material evidence is available that was not readily available

when the previous decision was issued, 29 C.F.R. �1614.407(c)(1);

the previous decision involved an erroneous interpretation of law

or regulation, or material fact, or a misapplication of established

policy, 29 C.F.R. �1614.407(c)(2); and the decision is of such

exceptional nature as to have substantial precedential implications,

29 C.F.R. �1614.407(c)(3).

After a review of appellant's request to reconsider, the previous

decision, and the entire record, the Commission finds that the request

fails to meet the criteria of 29 C.F.R. �1614.407(c), and it is the

decision of the Commission to deny the request. The decision in EEOC

Appeal No. 01951774 (March 4, 1997) remains the Commission's final

decision. There is no further right of administrative appeal on the

decision of the Commission on this Request to Reconsider.

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:

JAN 4, 1999

Date Frances M. Hart

Executive Officer

Executive Secretariat

01 The record does not reveal when appellant received the prior

decision. Therefore, we have treated her request as timely.