05A20791
08-12-2002
Wanda D. Betourd, Complainant, v. Thomas E. White, Secretary, Department of the Army, Agency.
Wanda D. Betourd v. Department of the Army
05A20791
08-12-02
.
Wanda D. Betourd,
Complainant,
v.
Thomas E. White,
Secretary,
Department of the Army,
Agency.
Request No. 05A20791
Appeal No. 01A21444
Agency No. BEAEFO0005A0050
Hearing No. 100-A1-7406X
DENIAL OF REQUEST FOR RECONSIDERATION
Wanda D. Betourd (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Wanda D. Betourd v. Department of the Army, EEOC Appeal
No. 01A21444 (April 30, 2002). 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 the previous decision, complainant's appeal was dismissed as
being untimely filed with the Commission, as required in 29 C.F.R. �
1614.403(c). She filed her appeal on January 10, 2002, however, based
on her receipt of the final agency decision on December 4, 2001, the
thirty (30) day deadline for the filing of the appeal expired on January
3, 2002. In her request for reconsideration, complainant argued that
there were mitigating circumstances which should be taken into account
when considering whether the time limits should be waived in her appeal.
Upon a review of complainant's arguments and the documentation provided
in support, we find that the dismissal of her appeal was proper.
Complainant argued that the illness of a family member prevented her
timely filing, however, the documentation of the first incident of the
family member's illness is dated the day after the thirty day deadline
for the filing of the appeal. Complainant also argued that the agency had
failed to provide a copy of the Notice of Appeal/Petition, EEOC Form 573.
By her own admission, however, complainant received the Form 573 within
the thirty day time frame, and therefore, would have been able to comply
with the deadline for filing her appeal.
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. 01A21444 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
____08-12-02______________
Date