05990646
04-14-2000
) Request No. 05990646
Harvey H. Ware v. Department of the Air Force
05990646
April 14, 2000
Harvey H. Ware )
Appellant )
)
) Request No. 05990646
) Appeal No. 01981513
) Agency No. 5Z1S97008
F. Whitten Peters, )
Acting Secretary, )
Department of the Air Force, )
Agency. )
____________________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On April 22, 1999, Harvey H. Ware filed a request to the Equal Employment
Opportunity Commission for reconsideration of the decision in Harvey H.
Ware v. Department of the Air Force, EEOC Appeal No. 01981513 (March
29,1999). Under EEOC Regulations, the Commissioners may, in their
discretion, reconsider any previous decision. 64 Fed. Reg. 37659,
July 12, 1999 (to be codified at 29 C.F.R. �1614.405(b)).<1>
The party requesting reconsideration must submit written argument
or evidence which tends to establish one or more of the following two
criteria: (1) the appellate decision involved an erroneous interpretation
of material fact, or law or (2) the decision will have a substantial
impact on the policies, practices or operations of the agency. Id.
After a review of appellant's request for reconsideration, the appellate
decision, and the entire record, the Commission finds that appellant's
request does not meet the criteria of the regulations. Accordingly,
appellant's request is denied.
The decision in EEOC Appeal No. 01981513 remains the Commission's final
decision in this matter. Consequently, there is no further right of
administrative appeal from this decision.
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:
4/14/00 ____________________________
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days of mailing. I certify that
the decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
__________________________
Equal Employment Assistant
__________________________
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 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.