05A20826
08-12-2002
Ahmad A. M. Halim, Complainant, v. Sean O'Keefe, Administrator, National Aeronautics and Space Administration, Agency.
Ahmad A. M. Halim v. National Aeronautics and Space Administration
05A20826
August 12, 2002
.
Ahmad A. M. Halim,
Complainant,
v.
Sean O'Keefe,
Administrator,
National Aeronautics and Space Administration,
Agency.
Request No. 05A20826
Appeal No. 01A10154
Agency No. NCN-98-LaRC-A037
Hearing No. 120-99-6511X
DENIAL OF REQUEST FOR RECONSIDERATION
Ahmad A. M. Halim (complainant) timely initiated a request to the
Equal Employment Opportunity Commission (EEOC or Commission) to
reconsider the decision in Ahmad A. M. Halim v. National Aeronautics
and Space Administration, EEOC Appeal No. 01A10154 (May 7, 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).
Complainant claims in his request for reconsideration that the appellate
decision involved a clearly erroneous interpretation of material fact or
law, as it failed to address the alleged error of the EEOC Administrative
Judge (AJ), who, complainant contends, �allowed the complainant to
conduct deposition, interrogatories and admission, yet denied to
include the interrogatories, deposition, and admission before issuing
(considering) a summary judgment.� Complainant has not identified,
however, which of these forms of evidence, if any, that the AJ failed
to address in rendering her decision. Furthermore, our review of the
record on appeal reveals no indication that the AJ denied complainant
sufficient notice of her intention to issue a decision without a hearing,
that she denied him the opportunity to present the evidence he claims
was improperly excluded, or that the AJ excluded any evidence submitted
by complainant in rendering her decision in the complaint.
Accordingly, 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. 01A10154 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
August 12, 2002
Date