California OAH special education order · August 13, 2014

Order Denying Request for Reconsideration and Denying Request for Clarification

OAH Case No. 2014080219 · ALJ Susan Ruff

OAH denied Arcadia's request to reconsider or clarify its order denying consolidation because Arcadia offered no new facts, circumstances, or law, and the earlier order was clear.

Denied Reconsideration

Summary

After OAH denied Arcadia's motion to consolidate, Arcadia filed a request for reconsideration or, in the alternative, for clarification. OAH denied reconsideration because Arcadia offered no new or different facts, circumstances, or law. OAH also denied clarification. It found the request mostly sought to explain the facts behind Arcadia's own due process filing, and the consolidation order was clear and unambiguous.

Why it matters

A party asking OAH to reconsider a ruling must point to new facts, circumstances, or law, not just repeat its earlier arguments. A 'request for clarification' will not succeed where the original order is already clear.

Key authority cited

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

Topics

reconsideration consolidation clarification district motion

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:

ARCADIA UNIFIED SCHOOL DISTRICT, OAH Case No. 2014080219 v. ORDER DENYING REQUEST FOR

RECONSIDERATION AND DENYING

PARENTS ON BEHALF OF STUDENT. REQUEST FOR CLARIFICATION

On August 8, 2014, the undersigned administrative law judge issued an order denying the motion to consolidate filed by the Arcadia Unified School District (Arcadia). On August 11, 2014, Arcadia filed a document entitled: “Request for Reconsideration or in the Alternative Request for Clarification.”

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

Arcadia alleges no new facts, circumstances, or law justifying reconsideration. The request for reconsideration is denied.

Based on the moving papers, Arcadia’s “request for clarification” appears to be a request by Arcadia’s counsel to clarify the factual situation leading to the filing of Arcadia’s due process hearing request, not a request for clarification of the OAH order. However, even if it is a request for clarification of the OAH order, there is no need for clarification. The OAH order denying consolidation was clear and unambiguous. The motion is denied.