California OAH special education order · November 18, 2013
Order Denying Request for Reconsideration
OAH Case No. 2013100097 · ALJ Timothy L. Newlove
OAH denied Student's request to reconsider an order continuing the initial hearing dates because Student offered no new facts, circumstances, or law.
This case went to decision
Student v. Huntington Beach Union High School District et al. (consolidated): Huntington Beach Union High may place student at a locked Utah treatment center; all claims against both districts denied. (2014)
Summary
On October 28, 2013, OAH granted a request to continue the initially scheduled hearing dates. On November 4, 2013, Student's advocate asked OAH to reconsider that order, and the respondents did not respond. OAH denied reconsideration because Student presented no new or different facts, circumstances, or law. OAH also noted that it generally grants continuances of initial mediation and hearing dates, especially when a party is unavailable, which was the basis for the original continuance.
Why it matters
Reconsideration requires new facts, circumstances, or law. Simply disagreeing with a ruling will not work, and OAH routinely grants first continuances when a party is unavailable.
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 Matter of:
PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2013100097
v. ORDER DENYING REQUEST FOR
RECONSIDERATION
HUNTINGTON BEACH UNION CITY
SCHOOL DISTRICT; HUNTINGTON
BEACH UNION SCHOOL DISTRICT;
WEST ORANGE COUNTY
CONSORTIUM FOR SPECIAL
EDUCATION.
On October 28, 2013, the undersigned Administrative Law Judge issued an order granting a request to continue the initially scheduled hearing dates in the case. On November 4, 2013, the advocate representing Student filed with the Office of Administrative Hearings (OAH) a motion for reconsideration of this order. Counsel representing respondents in this case have not filed with OAH a response to the reconsideration request.
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.)
Here, Student has introduced no new facts, circumstances, or law that support a reconsideration of the order continuing the initially scheduled hearing dates in the case.
OAH, generally, will grant a request for continuance of initially scheduled mediation and hearing dates, especially upon a showing of unavailability of one or more parties, which was the situation underlying the continuance order. Accordingly, the motion for reconsideration is denied.
IT IS SO ORDERED.
Dated: November 18, 2013 /s/
TIMOTHY L. NEWLOVE
Presiding Administrative Law Judge Office of Administrative Hearings