California OAH special education order · August 15, 2016
Order Dismissing Order to Show Cause and Vacating Hearing
OAH Case No. 2016070651 · ALJ Margaret Broussard
OAH dismissed its order to show cause on shifting expenses to both sides' attorneys for failing to cancel mediation, finding they tried to cancel and did not intentionally fail to appear.
Summary
On August 9, 2016, OAH ordered the attorneys for both parties to show cause why OAH's expenses should not be shifted to them for failing to cancel a scheduled mediation. The parties gave evidence that they did try to cancel the mediation and did not intentionally fail to appear or cancel. OAH dismissed the order to show cause and vacated the hearing set on it.
Why it matters
OAH can move to shift its costs to attorneys who fail to cancel or attend mediation. Keeping a record of efforts to cancel can help avoid sanctions.
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:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2016070651 v. ORDER DISMISSING ORDER TO
SHOW CAUSE AND VACATING
FREMONT UNIFIED SCHOOL HEARING
DISTRICT.
On August 9, 2016, the undersigned issued an order to show cause why expenses should not be shifted from the Office of Administrative Hearings to the attorneys for the parties for failing to cancel mediation. The parties provided evidence that they did make an effort to cancel mediation and showed that they did not intentionally fail to appear or cancel the mediation.
The order to show cause is dismissed and the hearing scheduled for today is vacated.
IT IS SO ORDERED.
DATE: August 15, 2016
MARGARET BROUSSARD
Presiding Administrative Law Judge Office of Administrative Hearings