California OAH special education order · March 18, 2016
Order Denying Request for Reconsideration
OAH Case No. 2016030138 · ALJ Peter Paul Castillo
OAH denied Student's request to reconsider a partial continuance and a venue-change denial because Student offered no new facts, circumstances, or law, and parental preference alone does not justify moving the hearing.
Summary
OAH had granted Student's continuance request only in part and had denied a request to change the hearing venue. Student asked OAH to reconsider, seeking a continuance to late June or early July 2016 and a new hearing location, and Poway Unified opposed. OAH denied the request because Student showed no new or different facts, circumstances, or law. OAH said witness availability could be raised at the prehearing conference, and that parental preference is not enough to change the hearing location.
Why it matters
A reconsideration request must show something new, not repeat earlier arguments. Witness scheduling problems are better raised at the prehearing conference, and a family's preference alone will not move the hearing location.
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:
POWAY UNIFIED SCHOOL DISTRICT, OAH Case No. 2016030138 v. ORDER DENYING REQUEST FOR
RECONSIDERATION
PARENT ON BEHALF OF STUDENT.
On March 11, 2016, the undersigned administrative law judge issued an order that granted in part Student’s continuance request and denied the request to change the venue of the hearing. On March 14, 2016, Student filed a request for reconsideration, contending that good cause does exist to continue the hearing to either late June or early July 2016, and to change the hearing venue. On March 17, 2016, Poway Unified School District filed an opposition to the request.
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
Student alleges no new facts, circumstances, or law that would warrant the granting the reconsideration request to further continue the hearing dates or change the hearing location. Witness availability may be discussed at the prehearing conference when more is known as who will testify in this matter and their availability. Further, parental preference to change the hearing location is not sufficient to warrant the request to be granted.
Accordingly, Student’s request for reconsideration is denied.
ORDER
Student’s Motion for Reconsideration is denied.
DATE: March 18, 2016
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings