05A30494
03-20-2003
Susan Peterson, Complainant, v. Thomas E. White, Secretary, Department of the Army, Agency.
Susan Peterson v. Department of the Army
05A30494
March 20, 2003
.
Susan Peterson,
Complainant,
v.
Thomas E. White,
Secretary,
Department of the Army,
Agency.
Request No. 05A30494
Appeal No. 01A21250
Agency No. BKEXFO9904J0040
DENIAL OF REQUEST FOR RECONSIDERATION
Complainant timely initiated a request to the Equal Employment
Opportunity Commission (EEOC) to reconsider the decision in Susan Peterson
v. Department of the Army, EEOC Appeal No. 01A21250 (January 27, 2003).
EEOC Regulations provide that the Commission may, in its discretion,
reconsider any previous Commission decision where the requesting party
demonstrates that: (1) the appellate decision involved a clearly erroneous
interpretation of material fact or law; or (2) the appellate decision
will have a substantial impact on the policies, practices, or operations
of the agency. See 29 C.F.R. � 1614.405(b).
In her request for reconsideration, complainant states that she never
received a transcript of the proceedings from a hearing before an EEOC
Administrative Judge. Complainant requests that the agency be sanctioned
for failing to produce the transcript. Upon review of the record, we find
that complainant requested the agency issue a final agency decision based
on the evidence of record when she learned that the Administrative Judge
who had presided over her hearing had left the EEOC. The agency issued a
final decision pursuant to 29 C.F.R. � 1614.110(b). Complainant appealed
the agency's final decision to the Commission without raising her concern
about the agency's failure to provide her with a transcript. We remind
complainant that a �request for reconsideration is not a second appeal
to the Commission.� Equal Employment Opportunity Management Directive
for 29 C.F.R. Part 1614 (rev. Nov. 9, 1999), at 9-17.
This Commission carefully considered all of the record evidence at the
time it rendered the initial decision in question, and complainant has
offered no persuasive reason why this decision should be reconsidered
now. After a review of complainant's request for reconsideration, the
previous decision, and the entire record, the Commission finds that the
request fails to meet the criteria of 29 C.F.R. � 1614.405(b), and it
is the decision of the Commission to deny the request. The decision
in EEOC Appeal No. 01A21250 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
March 20, 2003
Date