05a40406_r
02-19-2004
Richard A. Vargus, Complainant, v. Norman Y. Mineta, Secretary, Department of Transportation, Agency.
Richard A. Vargus v. Department of Transportation
05A40406
February 19, 2004
.
Richard A. Vargus,
Complainant,
v.
Norman Y. Mineta,
Secretary,
Department of Transportation,
Agency.
Request No. 05A40406
Appeal No. 01A31561
Agency Nos. 1-02-1008, 1-02-1016
DISMISSAL OF REQUEST FOR RECONSIDERATION
Complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Richard
A. Vargus v. Department of Transportation, EEOC Appeal No. 01A31561 (June
6, 2003). By regulation, requests for reconsideration must be filed
within 30 calendar days after the party receives our previous decision.
29 C.F.R. � 1614.405(b). A document is timely if it is received or
postmarked before the expiration of the applicable filing period, or, in
the absence of a legible postmark, is received by mail within five days of
the expiration of the applicable filing period. 29 C.F.R. � 1614.604(b).
It is noted that the Commission's previous decision included a Certificate
of Mailing indicating that for timeliness purpose, the Commission
will presume that this decision was received within five (5) calendar
days of mailing. The previous decision was mailed on June 6, 2003.
Complainant filed the request for reconsideration on February 2, 2004,
which was beyond the 30-day time limit. On appeal, complainant does not
provide any supporting evidence to overcome the foregoing presumption of
receipt. Furthermore, complainant does not present adequate justification
for extending the filing period beyond 30 days.
Accordingly, complainant's request for reconsideration is hereby
DISMISSED. The decision in EEOC Appeal No. 01A31561 remains
the Commission's final decision. There is no further right of
administrative appeal on the decision of the Commission on this request
for reconsideration.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
February 19, 2004
__________________
Date