California OAH special education order · February 12, 2018
Order Following Telephonic Order to Show Cause for Sanctioning Student's Attorney's Failure to Timely File a Prehearing Conference Statement
OAH Case No. 2017100570 · ALJ Sabrina Kong
OAH declined to sanction Student's attorney for filing a prehearing conference statement minutes before the conference, after he promised to put procedures in place to prevent late filings.
Summary
At the January 29, 2018 prehearing conference, the ALJ issued an order to show cause on sanctions because Student's attorney filed the PHC statement only minutes before the conference, so neither the ALJ nor District's attorney received it in time. The case later settled and Student withdrew it, and District did not ask for fees. The attorney said the late filing happened because of delay in getting the parents' signatures on the settlement agreement. The ALJ found this was the attorney's first such incident before her and imposed no sanctions, relying on his promise to set up firm procedures to meet OAH deadlines.
Why it matters
Prehearing conference statements must be filed on time even while settlement is pending, unless OAH orders otherwise or the case is withdrawn. Late filings can lead to an order to show cause on sanctions, and repeated problems at the same firm may draw closer scrutiny.
People named in the order
- Sabrina Kong, Administrative Law Judge
- Hamlet Yarijanian, Student's attorney
- Meredith Reynolds, District's attorney
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. 2017100570 v. ORDER FOLLOWING TELEPHONIC
ORDER TO SHOW CAUSE FOR
PASADENA UNIFIED SCHOOL SANCTIONING STUDENT’S
DISTRICT. ATTORNEY’S FAILURE TO TIMELY
FILE A PREHEARING CONFERENCE
STATEMENT
On February 12, 2018, a telephonic conference for an order to show cause regarding sanctions was held before Administrative Law Judge Sabrina Kong, Office of Administrative Hearings. Hamlet Yarijanian appeared on Student’s behalf. ALJ left two messages for Meredith Reynolds, Pasadena Unified District’s attorney; Ms. Reynolds did not participate, or appear on District’s behalf. The telephonic order to show cause conference was recorded.
During the January 29, 2018 telephonic prehearing conference ALJ set an order to show cause regarding sanctions because Student did not file any prehearing conference statement until minutes before the PHC. As a result, neither the ALJ, nor District’s attorney, received the PHC statement before the PHC. Mr. Yarijanian’s failure to timely file the PHC statement resulted in a waste of public resources.
The parties have settled the matter since the PHC. Student filed a Request for a Withdrawal of the Case, without prejudice, and District filed a request for OAH to grant Student’s Notice of Withdrawal of the Case. District did not request fees for Student’s failure to timely file a PHC statement. Mr. Yarijanian represented that the delay in obtaining the parents’ signatures to the settlement agreement caused his delay in filing the PHC statement.
ALJ explained that PHC statements must be filed unless OAH orders otherwise, or the case is withdrawn; emphasized the importance of timely filings; and encouraged Mr. Yarijanian to familiarize himself with OAH calendaring deadlines. Although this was the firm’s second order to show cause regarding sanctions within a one month time frame, it was Mr.
Yarijanian’s first time engaging in actions resulting in an order to show cause regarding sanctions before the ALJ. Upon Mr. Yarijanian’s representation that he will institute procedures within the firm which will prevent late filings and comply with OAH deadlines in the future, ALJ did not sanction Mr. Yarijanian.
No sanctions shall issue.
IT IS SO ORDERED.
DATE: February 12, 2018
SABRINA KONG
Administrative Law Judge Office of Administrative Hearings