California OAH special education order · December 1, 2013
Order Granting/Denying Request for Reconsideration
OAH Case No. 2013090788 · ALJ Tim Newlove
OAH issued a reconsideration order in the consolidated Hemet Unified matters, but the filed text is an unfilled template that does not state who asked, what was challenged, or the outcome.
This case went to decision
Student v. Hemet Unified School District (consolidated): Hemet Unified's May 2013 preschool special day class offer upheld, but it cannot implement its January 2014 offer. (2014)
Summary
This order addresses a request for reconsideration in consolidated cases between Student and Hemet Unified School District. The document contains only template placeholders. It does not identify the moving party, the earlier ruling being challenged, the arguments made, or whether reconsideration was granted or denied. It does restate the standard: OAH will generally reconsider a ruling only when a party shows new or different facts, circumstances, or law and asks within a reasonable time.
Why it matters
The order shows the standard OAH applies to reconsideration requests. A party must bring new or different facts, circumstances, or law, act promptly, and may need to explain why it did not raise them earlier.
Key authority cited
- Gov. Code, § 11521
- Code Civ. Proc., § 1008
- Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192
Topics
Full text of the order
Published text of the OAH order. Page headers and numbers from the original PDF have been dropped.
BEFORE THE
OFFICE OF ADMINISTRATIVE HEARINGS
STATE OF CALIFORNIA
In the Consolidated Matters of:
PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2013090788
v.
HEMET UNIFIED SCHOOL DISTRICT,
HEMET UNIFIED SCHOOL DISTRICT, OAH CASE NO.
v.
PARENT ON BEHALF OF STUDENT. ORDER GRANTING/DENYING
REQUEST FOR RECONSIDERATION
On [Date], the undersigned administrative law judge issued an order [finding that [Name of party]’s complaint was insufficient and giving [Name of party] 14 days to file an amended complaint/granting /denying ]. On [Date], [Name of party] filed a [motion/request] for reconsideration on behalf of [Student/District/other party]. On [Date], [Name of party] filed an [opposition] to the [motion/request].
APPLICABLE LAW
The Office of Administrative Hearings will generally reconsider a ruling upon a showing of new or different facts, circumstances, or law justifying reconsideration, when the party seeks reconsideration within a reasonable period of time. (See, e.g., Gov. Code, § 11521; Code Civ. Proc., § 1008.) The party seeking reconsideration may also be required to provide an explanation for its failure to previously provide the different facts, circumstances or law. (See Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192, 1199-1200.)
DISCUSSION AND ORDER
[[Name of party] alleges [no] new [facts, circumstances, or law] in support of the request reconsideration[, as follows: ].] [The [motion/response] [is/is not] accompanied by a sworn declaration by [Name of party]. [DISCUSSION]] [The [motion] [is/is not] timely because it [was/was not] received within [two weeks/other] after issuance of the order. [DISCUSSION]] [IF RECONSIDERATION GRANTED] On reconsideration, [discussion of previous ruling…].
Accordingly, [[Name of party]’s] request for reconsideration is [Granted/Denied].
IT IS SO ORDERED.
Dated: December 01, 2013 /s/
TIM NEWLOVE
Presiding Administrative Law Judge Office of Administrative Hearings