05980753
03-22-2000
Joe J. Solano, Complainant, v. F. Whitten Peters, Acting Secretary, Department of the Air Force, Agency.
Joe J. Solano v. Department of the Air Force
05980753
March 22, 2000
Joe J. Solano, )
Complainant, )
) Request No. 05980753
v. ) Appeal No. 01961761
)
F. Whitten Peters, )
Acting Secretary, )
Department of the Air Force, )
Agency. )
)
DENIAL OF REQUEST FOR RECONSIDERATION
On April 29, 1998, Joe J. Solano (complainant) timely initiated a
request to the Equal Employment Opportunity Commission (the Commission)
to reconsider the decision in Joe J. Solano v. F. Whitten Peters,
Acting Secretary, Department of the Air Force, EEOC Appeal No. 01961761
(March 25, 1998).<1> EEOC regulations provide that the Commissioners
may, in their discretion, reconsider any previous Commission decision.
64 Fed. Reg. 37,644, 37,659 (1999)(to be codified and hereinafter
referred to as 29 C.F.R. � 1614.405(b)). The party requesting
reconsideration must submit written argument or evidence which tends
to establish one or more of the following two criteria: the appellate
decision involved an erroneous interpretation of material fact or law,
29 C.F.R. � 1614.405(b)(1); or the decision will have substantial impact
on the policies, practices, or operations of the agency, 29 C.F.R. �
1614.405(b)(2).
After a review of complainant's request to reconsider, the previous
decision, and the entire record, the Commission finds that complainant's
request fails to meet the criteria of 29 C.F.R. � 1614.405, and it is
the decision of the Commission to deny the request. The decision in
EEOC Appeal No. 01961761 (March 25, 1998) remains the Commission's final
decision. There is no further right of administrative appeal from a
decision of the Commission on a request to reconsider.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P1199)
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:
March 22, 2000
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
Date
1 On 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.