California OAH special education order · June 13, 2014

Order Denying Request for Reconsideration

OAH Case No. 2014041107 · ALJ Peter Paul Castillo

OAH denied Student's request to reconsider a ruling that the complaint was insufficient as to Probation because Student offered no new facts, circumstances, or law, but gave Student 14 more days to amend.

Denied Reconsideration

Summary

OAH had found Student's complaint insufficient as to the Riverside County Probation Department and allowed 14 days to amend. Student asked for reconsideration, but the fax went to the wrong number and OAH did not receive the request until June 6, 2014. Neither agency responded. OAH denied reconsideration because Student showed no new facts, circumstances, or law, and the cited part of the complaint did not clearly state the relief sought against Probation. Because of the delay, OAH gave Student 14 days from the order to amend, or the case would be dismissed as to Probation and go forward only against County.

Why it matters

Reconsideration requires new facts, circumstances, or law, so simply pointing back to the original complaint will not work. A complaint against each agency, including a probation department, must clearly state the relief requested from that agency. Families should also confirm that faxed filings reach OAH's correct number.

Key authority cited

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

Topics

reconsideration sufficiency amended complaint probation department juvenile justice filing error

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. 2014041107

v. ORDER DENYING REQUEST FOR

RECONSIDERATION

RIVERSIDE COUNTY OFFICE OF

EDUCATION AND RIVERSIDE COUNTY

PROBATION DEPARTMENT.

On May 12, 2014, the undersigned administrative law judge issued an order finding that Student’s complaint was insufficient as to the Riverside County Probation Department and giving Student 14 days to file an amended complaint. On May 12, 2014, Student attempted to file a request for reconsideration with the Office of Administrative Hearings.

OAH received the request on June 6, 2014. 1 Neither the Riverside County Office of Education nor Probation submitted a response.

APPLICABLE LAW

OAH 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, as the request cites to a portion of Student’s complaint that does not clearly set out Student’s requested relief as to Probation. Accordingly, Student’s request for reconsideration is denied. However, due to the delay in OAH receiving Student’s request, Student shall be allowed to file an amended complaint not later than 14 days from the date of Student faxed the request on May 12, 2014, to an incorrect number, 916-376-6316.

The request was faxed to the correct number on June 6, 2014, 916-376-6319.

this order. If Student fails to file a timely amended complaint, the complaint will be dismissed as to Probation, and proceed only against County.