California OAH special education order · April 5, 2018
Order Granting Request to Make Installment Payments
OAH Case No. 2017090457 · ALJ Charles Marson
OAH let an attorney pay $4,000 in shifted costs in installments, but rejected her proposed $150 monthly plan as unduly protracted and ordered four $1,000 payments every other month.
Summary
OAH had earlier shifted $4,000 in costs from attorney Nicole Hodge Amey to OAH. Ms. Amey asked to pay $150 a month because she could not afford to pay the full amount at once. The ALJ found an installment plan reasonable but said her proposed schedule would take too long. He ordered four payments of $1,000, due April 15, June 15, August 15, and October 15, 2018, with checks payable to OAH.
Why it matters
Cost-shifting sanctions against attorneys in OAH special education cases are enforced. OAH may allow an installment plan, but it will set a firm, reasonably short payment schedule rather than accept an open-ended one.
People named in the order
- Nicole Hodge Amey, Attorney sanctioned with cost-shifting
- Charles Marson, 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 Matter of:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2017090457 v. ORDER GRANTING REQUEST TO
MAKE INSTALLMENT PAYMENTS
TRACY UNIFIED SCHOOL DISTRICT.
On March 13, 2018, the undersigned shifted $4,000 in costs from Attorney at Law Nicole Hodge Amey to OAH.
On March 27, 2018, Ms. Amey filed a request to be allowed to make installment payments of $150 a month since she cannot afford to pay the full amount immediately.
Ms. Amey’s request to pay in installments is reasonable but the proposed schedule is unduly protracted. Ms. Amey shall pay the costs shifted in installments of $1000 every other month until the full amount is paid. The payments shall be made by April 15, 2018; June 15, 2018; August 15, 2018; and October 15, 2018. All checks shall be made payable to the Office of Administrative Hearings.
IT IS SO ORDERED.
DATE: April 5, 2018
CHARLES MARSON
Administrative Law Judge Office of Administrative Hearings