California OAH special education order · August 16, 2017
Order Denying Request for Reconsideration
OAH Case No. 2017050484 · ALJ Kara Hatfield
OAH denied Student's request to reconsider an order vacating an Order to Show Cause. The request offered no new facts or law, had no sworn declaration, and was filed more than ten days late.
Summary
On July 13, 2017, OAH vacated an Order to Show Cause it had issued in June 2017. On August 7, 2017, Student filed a response asking OAH to reconsider and amend that order, and OAH treated the filing as a request for reconsideration. Long Beach Unified School District did not respond. OAH denied the request for three reasons: it alleged no new facts, circumstances, or law; no sworn declaration supported it; and it was not received within ten days after the order issued.
Why it matters
A party asking OAH to reconsider a ruling must act within ten days, point to new or different facts, circumstances, or law, and support the request with a sworn declaration. Otherwise the request will likely be denied.
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:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2017050484 v. ORDER DENYING REQUEST FOR
RECONSIDERATION
LONG BEACH UNIFIED SCHOOL
DISTRICT.
On July 13, 2017, the undersigned administrative law judge issued an order that vacated the Order to Show Cause orally issued on June 26, 2017, and issued in writing on June 27, 2017. On August 7, 2017, Student filed a document captioned Petitioner’s Response to OSC Order. In the conclusion section on page 11, Student stated, “OAH should reconsider the order vacating the OSC and amend it . . . .” OAH deems Student’s filing to be a request for reconsideration. Long Beach Unified School District did not file any response to Student’s filing.
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
Reconsideration Student alleges no new facts, circumstances, or law in support of the request reconsideration.
The request is not accompanied by a sworn declaration by anyone.
The request is not timely because it was not received within ten days after issuance of the order.
Accordingly, Student’s request for reconsideration is Denied.
ORDER
Request for Reconsideration is Denied.
IT IS SO ORDERED.
DATE: August 16, 2017
KARA HATFIELD
Administrative Law Judge Office of Administrative Hearings