05980958
11-05-1999
) Request No. 05980958
Ramon A. Jayme v. Department of Justice
05980958
November 5, 1999
Ramon A. Jayme )
Appellant )
)
) Request No. 05980958
) Appeal No. 01976630
) Agency No. I-96-6837
Janet Reno, )
Attorney General, )
Department of Justice, )
Agency. )
______________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On July 20, 1998, Ramon A. Jayme filed a request to the Equal Employment
Opportunity Commission for reconsideration of the decision in Ramon A.
Jayme v. U.S. Department of Justice,EEOC Appeal No. 01976630 (June
18, 1998)<1>. Under EEOC Regulations, the Commissioners may, in their
discretion, reconsider any previous 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: (1) new and material evidence is available that was not readily
available when the previous decision was issued; (2)the previous decision
involved an erroneous interpretation of law, regulation or material fact,
or misapplication of established policy; or, (3) the previous decision
is of such exceptional nature as to have substantial precedential
implications. 29 C.F.R. �1614.407(c)(1),(2),&(3).
After a review of appellant's request for reconsideration, the
previous decision, and the entire record, the Commission finds that
appellant's request does not meet the criteria of 29 C.F.R. �1614.407(a).
Accordingly, appellant's request is hereby denied.
The decision in EEOC Appeal No. 01976630 remains the Commission's final
decision in this matter. Consequently, there is no further right of
administrative appeal from this decision.
RIGHT TO FILE A CIVIL ACTION (P0993)
This decision 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 the 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
the 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 the 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:
11/5/99 ____________________________
Date Carlton M. Hadden
Acting Director
Office of Federal Operations
1 Although appellant's request and subsequent submission contains Appeal
Number 01974401, a case with no EEOC decision, he also refers to the
previous decision dated June 18, 1998 and the agency's final decision
both of which pertain to docket number 01976630. Therefore, we construe
the docket number on his request to be in error.