California OAH special education order · January 19, 2018
Order to Show Cause Regarding Sanctions
OAH Case No. 2017110083 · ALJ Sabrina Kong
OAH declined to sanction either side after an order to show cause over missed prehearing filings and delays, because it was both attorneys' first offense and they promised to follow OAH deadlines.
Summary
At a December 15, 2017 prehearing conference, the ALJ set an order to show cause regarding sanctions. Neither party had filed a prehearing conference statement or a timely continuance request. The ALJ also waited at least 15 minutes for District to find someone to take part, and District's attorney had not filed a notice of representation. At the January 19, 2018 hearing, the ALJ explained OAH's expectations and imposed no sanctions, because this was both attorneys' first such problem and they promised to comply with deadlines going forward.
Why it matters
Missing prehearing statements, failing to request continuances on time, or not being ready for a scheduled conference can lead OAH to consider sanctions against either side, even if a first offense may be excused with a warning.
People named in the order
- Carolyn Olsen, Student's attorney
- Angela Gordon, 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. 2017110083 v. ORDER TO SHOW CAUSE
REGARDING SANCTIONS
ACTON-AGUA DULCE UNIFIED
SCHOOL DISTRICT.
On January 19, 2018, a telephonic conference for an order to show cause regarding sanctions was held before Administrative Law Judge Sabrina Kong, Office of Administrative Hearings. Carolyn Olsen appeared on Student’s behalf. Angela Gordon appeared on Acton- Agua Dulce Unified District’s behalf. The telephonic order to show cause conference was recorded.
During the December 15, 2017 telephonic prehearing conference ALJ set an order to show cause regarding sanctions because: the parties did not file any prehearing conference statements; did not timely file a request for continuance; ALJ spent at least 15 minutes waiting for District to locate someone to participate in the PHC; when District’s representative got on the line, she represented that she needed to locate District’s attorney to participate in the PHC; and District’s attorney did not file a notice of representation indicating that she represented District. These actions resulted in a waste of public resources.
Because this was both attorneys’ first time engaging in actions resulting in an order to show cause regarding sanctions before the ALJ, ALJ discussed and explained OAH expectations with the parties; emphasized the importance of timely filings; and encouraged the parties to familiarize themselves with OAH calendaring deadlines. Upon the parties’ representation that they will familiarize themselves and comply with OAH deadlines in the future, ALJ did not sanction the parties.
No sanctions shall issue.
IT IS SO ORDERED.
DATE: January 19, 2018
SABRINA KONG
Administrative Law Judge Office of Administrative Hearings