FORMAL NOTICE: INVALID AND UNAUTHORIZED RESPONSES – RESPONSIBLE PARTY REQUIREMENT
Responses to formal legal filings, motions, or requests for reconsideration in this matter must be issued by the designated responsible official to whom the filing is addressed—namely, the District Director (Ms. Rader) or her lawfully designated delegate, in writing, with signature and specific findings.
Responses from other personnel, including Ms. Veronica Chaney (District Director’s Secretary) and Mr. Norberto Rosa-Ramos (Norfolk Office Director), who were not the legal recipients, do not satisfy the requirements of 29 C.F.R. § 1601.18(b), 5 U.S.C. § 555(e), or EEOC Management Directive MD-110, Ch. 2, § II-7, and are not recognized as valid agency action.
SPECIFIC EXAMPLES OF PROCEDURAL DEFECTS:
Ms. Veronica Chaney: Issued responses to formal motions and requests for reconsideration, which were addressed to District Director Rader. Ms. Chaney is not the responsible official and her informal, unsigned emails do not constitute a lawful response or final action under federal regulation or EEOC policy. Legal Defect: Procedural informalism and constructive evasion of process. See 5 U.S.C. § 555(e); EEOC MD-110, Ch. 2, § II-7.
Mr. Norberto Rosa-Ramos: Issued summary closure emails in response to formal legal filings addressed to the District Director. Mr. Rosa-Ramos was not the designated recipient and lacked statutory authority to issue a final agency action on this matter. Legal Defect: Ultra vires act and constructive non-response. See 29 C.F.R. § 1601.18(b); EEOC MD-110, Ch. 2, § II-7.
FOR THE RECORD:No response to a formal motion, legal filing, or request for reconsideration will be recognized as valid unless it is issued by the designated responsible official, in writing, with signature, and with specific findings as required by law. The responsible party must own the decision on the record. Any attempt to delegate or substitute informal replies is a fatal procedural defect and will be treated as non-response for purposes of adverse inference and further legal action.