05991020_r
05-09-2001
Sabine Philippe, Complainant, v. Donna A. Tanoue, Chairman, Federal Deposit Insurance Corporation, Agency.
Sabine Philippe v. Federal Deposit Insurance Corporation
05991020
May 9, 2001
.
Sabine Philippe,
Complainant,
v.
Donna A. Tanoue,
Chairman,
Federal Deposit Insurance Corporation,
Agency.
Request No. 05991020
Appeal No. 01990661
Agency No. 98-88
DISMISSAL OF REQUEST FOR RECONSIDERATION
On August 13, 1999, the complainant filed a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider the
decision in Sabine Phillipe v. Federal Deposit Insurance Corporation,
EEOC Appeal No. 01990661 (April 30, 1999). 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).
A request for reconsideration must be filed within 30 days of receipt of
the previous appellate decision. 29 C.F.R. � 1614.405(b). A request
is timely filed if it is received or postmarked before the expiration
of the applicable filing period. 29 C.F.R. � 1614.604(b).
A copy of the certified mail return receipt card reveals that the
Commission's previous decision was received by complainant's attorney
of record on May 4, 1999. A review of the decision reveals that
the Commission properly advised complainant that he had thirty (30)
calendar days after receipt of the decision to file his request for
reconsideration with the Commission. Complainant did not file his
request for reconsideration until August 13, 1999. Complainant has
not offered adequate justification for an extension of the applicable
time limit for filing his request for reconsideration. Accordingly,
complainant's August 13, 1999 request for reconsideration is DISMISSED.
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
May 9, 2001
__________________
Date