05970456
01-22-1999
Rory D. Smith, Appellant, v. Louis Caldera, Secretary, Department of the Army, Agency.
Rory D. Smith v. Department of the Army
05970456
January 22, 1999
Rory D. Smith, )
Appellant, )
)
v. ) Request No. 05970456
) Appeal No. 01962637
Louis Caldera, )
Secretary, )
Department of the Army, )
Agency. )
)
)
DENIAL OF REQUEST TO RECONSIDER
On February 19, 1997, Rory D. Smith (hereinafter referred to as the
appellant) timely initiated a request to the Equal Employment Opportunity
Commission (Commission) to reconsider the decision in Rory B. Smith
v. Togo D. West, Jr., Secretary, Department of the Army, EEOC Appeal
No. 01962637 (January 22, 1997).<1> EEOC regulations provide that the
Commission may, in its 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: 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, 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 the appellant's request for reconsideration,
the agency's response thereto, the previous decision, and the entire
record, the Commission finds that the appellant's 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. 01962637
(January 22, 1997) remains the Commission's final decision. There is no
further right of administrative appeal from a 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:
JAN 22, 1999
Date Frances M. Hart
Executive Officer
Executive Secretariat
1The previous decision inadvertently referred to the appellant's middle
initial as "B".