California OAH special education order · April 12, 2017
Order Denying Request for Reconsideration
OAH Case No. 2016100111, 2016120478 · ALJ Peter Paul Castillo
OAH denied Temecula Valley Unified's request to reconsider the denial of its late peremptory challenge to ALJ Paul Kamoroff because District offered no new facts, circumstances, or law.
This case went to decision
Student v. Temecula Valley Unified School District (consolidated): Temecula Valley Unified must fund a year of nonpublic school tuition and 36 hours of OT, but its 2016 special day class offer is upheld (2017)
Summary
On April 11, 2017, OAH denied District's peremptory challenge to ALJ Paul Kamoroff because District filed it late. The same day, District asked OAH to reconsider. OAH denied the request because District only repeated the reasons it had already given for the late filing and showed no new facts, circumstances, or law. A footnote says ALJ Kamoroff will decide District's separate challenge for cause at the start of the hearing.
Why it matters
A party cannot win reconsideration by restating arguments OAH has already rejected; it must show new facts, circumstances, or law. Peremptory challenges to an ALJ must be filed on time, because OAH will not excuse a late filing later.
Key authority cited
- Gov. Code, § 11521
- Code Civ. Proc., § 1008
- Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192
People named in the order
- Paul Kamoroff, Administrative Law Judge (subject of District's challenges)
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 Consolidated Matters of:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2016100111 v.
TEMECULA VALLEY UNIFIED SCHOOL
DISTRICT,
TEMECULA VALLEY UNIFIED SCHOOL OAH Case No. 2016120478
DISTRICT,
ORDER DENYING REQUEST FOR
v. RECONSIDERATION
PARENT ON BEHALF OF STUDENT.
On April 11, 2017, the undersigned administrative law judge issued an order that denied Temecula Valley Unified School District’s preemptory challenge of Administrative Law Judge Paul Kamoroff for not being timely submitted. On April 11, 2017, District filed a request for reconsideration.1
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.)
District’s challenge for cause of ALJ Kamoroff will be ruled upon by ALJ Kamoroff at the commencement of the hearing.
DISCUSSION
District alleges no new facts, circumstances, or law in support of the request reconsideration, as District repeats the same facts as to why it untimely filed its peremptory challenge. Accordingly, District’s request for reconsideration is denied.
ORDER
District’s Motion for Reconsideration is denied.
DATE: April 12, 2017
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings