California OAH special education order · January 3, 2014

Order Granting Request for Reconsideration

OAH Case No. 2013110094 · ALJ Timothy L. Newlove

OAH granted Student's request to reconsider a continuance order because the order was issued before Student had enough time to respond to the County Office of Education's continuance request.

Summary

The ALJ had granted the Riverside County Office of Education's request to continue the hearing before Student had enough time to respond. Student, through counsel, asked OAH to reconsider because the new hearing dates did not work for counsel. OAH granted the request and ordered the parties to meet and confer and submit mutually convenient hearing dates by January 9, 2014. If they do not, OAH will issue a revised continuance order on January 10, 2014, setting the hearing within 90 days.

Why it matters

If OAH rules on a continuance request before a party has had a fair chance to respond, a prompt request for reconsideration can get the hearing dates reset to ones that work for both sides.

Topics

reconsideration continuance hearing dates meet and confer opportunity to respond

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. 2013110094

v. ORDER GRANTING REQUEST FOR

RECONSIDERATION

RIVERSIDE COUNTY OFFICE OF

EDUCATION.

On December 30, 2013, the undersigned Administrative Law Judge issued an order granting the County Office of Education’s request for a continuance of the initial hearing dates in the case. The ALJ had the order issued before Student had a sufficient amount of time to respond to the COE’s request. On January 2, 2014, Student, through counsel, filed with the Office of Administrative Hearings (OAH) a request to reconsider the order, indicating that the continued hearing dates were not convenient to counsel. The request is granted. The parties are ordered to meet and confer, and submit to OAH by Thursday, January 9, 2014, mutually convenient hearing dates for the matter. Otherwise, OAH will issue a revised continuance order on January 10, 2014, setting the matter for hearing within 90 days of this order.

IT IS SO ORDERED.

Dated: January 03, 2014 /s/

TIMOTHY L. NEWLOVE

Presiding Administrative Law Judge Office of Administrative Hearings