05991127
07-21-2000
Willie M. Robinson, Complainant, v. Lawrence H. Summers, Secretary, Department of the Treasury, (Internal Revenue Service), Agency.
Willie M. Robinson v. Department of the Treasury
05991127
July 21, 2000
.
Willie M. Robinson,
Complainant,
v.
Lawrence H. Summers,
Secretary,
Department of the Treasury,
(Internal Revenue Service),
Agency.
Request No. 05991127
Appeal No. 01980215
Agency No. 95-2202
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Willie
M. Robinson v. Department of the Treasury, EEOC Appeal No. 01980215
(August 6, 1999).<1> 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 64 Fed. Reg. 37,644,
37,659 (1999) (to be codified and hereinafter referred to as 29 C.F.R. �
1614.405(b)).
In her request, complainant contends that under EEOC Regulation 29
C.F.R. � 1614.108 (mistakenly referred to as � 1614.109), she has the
right to request a hearing at any time after 180 days have elapsed
from the filing of her complaint, as long as a final agency decision
(FAD) has not been issued. We note, however, that this is true only
in the absence of the required notice by the agency that the complaint
investigation has been completed and that complainant has the right to
request a hearing within 30 days of receipt of the investigative file.
Complainant was given such a notice by letter dated August 7, 1995,
from the agency's Regional Complaints Center. She then initially
requested a hearing within the 30-day time limit, only to withdraw the
request on the first day of the scheduled hearing on August 20, 1996.
Inasmuch as complainant was accompanied by her attorney, and indicated
that she understood and agreed with the pre-hearing summation of the
EEOC Administrative Judge, we concur with the agency that complainant's
withdrawal of her hearing request was knowing and voluntary. Hence,
we find that complainant clearly waived her right to a hearing on her
complaint at that time under Commission precedents cited in our previous
decision.
After a review of the complainant's request for reconsideration, the
previous decision, and the entire record, the Commission therefore 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. 01980215 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.
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (P0400)
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, Acting Director
Office of Federal Operations
July 21, 2000
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.