California OAH special education order · May 6, 2014

Order Denying Request for Reconsideration

OAH Case No. 2014010077 · ALJ Margaret Broussard

OAH denied Student's request to reconsider a continuance order that refused October 2014 hearing dates, because Student offered no new facts, circumstances, or law.

Denied Reconsideration

Summary

On April 28, 2014, OAH partly granted the parties' second request to continue the case, giving a three-month continuance and setting mediation, prehearing conference, and hearing dates. On May 5, 2014, Student asked OAH to reconsider and again requested hearing dates in October 2014. OAH denied the request because Student did not present any new or different facts, circumstances, or law to justify reconsideration.

Why it matters

A reconsideration request that simply repeats an earlier scheduling request will fail. Parties must show new or different facts, circumstances, or law, and may need to explain why they did not raise them before.

Key authority cited

Gov. Code, § 11521
Code Civ. Proc., § 1008
Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192

Topics

reconsideration continuance scheduling hearing dates new facts required

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. 2014010077 v. ORDER DENYING REQUEST FOR

RECONSIDERATION

SYLVAN UNION SCHOOL DISTRICT.

On April 28, 2014, the undersigned administrative law judge issued an order grating the parties request for a continuance, in part, and setting mediation, prehearing conference and hearing dates. The continuance was the parties’ second continuance and was for three months. On May 5, 2014, Student filed a motion for reconsideration, asking again for hearing dates in October 2014.

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

Student alleges no new facts, circumstances, or law in support of the request reconsideration. Accordingly, Student’s request for reconsideration is denied.