California OAH special education order · August 18, 2017
Order Denying Student's Request for Reconsideration
OAH Case No. 2017040093, 2017070529 · ALJ Peter Paul Castillo
OAH denied Student's request to reconsider the denial of a peremptory challenge against ALJ Kara Hatfield, finding no new facts or law and reaffirming that expedited and non-expedited matters are one case.
Summary
Student filed a peremptory challenge to disqualify ALJ Kara Hatfield from the non-expedited part of the case. OAH denied it because Judge Hatfield had already convened the expedited prehearing conference, and the expedited and non-expedited matters are a single case. Student asked for reconsideration, and Snowline did not respond. OAH denied the request because Student offered no new facts, circumstances, or law, and found no merit in the argument that Antelope Valley Unified School District's dismissal as a party changed the nature of the proceeding.
Why it matters
A party gets one peremptory challenge per case, and OAH treats the expedited and non-expedited parts of a matter as one case. Once the judge has acted in the expedited portion, it is too late to challenge that judge for the rest. Reconsideration requires genuinely new facts or law, not a repeat of the same argument.
Key authority cited
- Gov. Code, § 11521
- Code Civ. Proc., § 1008
- Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192
- Student v. Fresno Unified School District (2012) OAH No. 2012020842
- Student v. Parlier Unified School District (2016) OAH No. 2016080347
People named in the order
- Kara Hatfield, Administrative Law Judge
- Peter Paul Castillo, Presiding Administrative Law Judge
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. 2017040093 v.
SNOWLINE JOINT UNIFIED SCHOOL
DISTRICT,
SNOWLINE JOINT UNIFIED SCHOOL OAH Case No. 2017070529
DISTRICT,
ORDER DENYING STUDENT’S
v. REQUEST FOR RECONSIDERATION
PARENT ON BEHALF OF STUDENT.
On August 16, 2017, Student filed a peremptory challenge seeking to disqualify Administrative Law Judge Kara Hatfield from hearing the non-expedited portion of this case.
On August 16, 2017, the undersigned presiding administrative law judge issued an order that denied Student’s motion as ALJ Hatfield had already convened the expedited prehearing conference in this matter as the expedited and non-expedited matters were in fact one case.
On August 17, 2017, Student filed a request for reconsideration. Snowline Joint Unified School District has not filed a response.
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 in support of the request reconsideration, as Student’s reconsideration demonstrates a lack of understanding of special education process and laws and regulations governing administrative hearings. OAH has been consistent that dual expedited and non-expedited cases are one case. (Student v. Fresno Unified School District (May 2, 2012) Cal.Offc.Admin.Hrngs. 2012020842; Student v.
Parlier Unified School District (September 1, 2016) Cal.Offc.Admin.Hrngs. 2016080347.)
Student’s contention that Antelope Valley Unified School District being dismissed as party changes the nature of the proceeding is without any factual or legal merit. Accordingly, Student’s request for reconsideration is denied.
ORDER
Motion for Reconsideration is Denied.
DATE: August 18, 2017
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings