California OAH special education order · March 20, 2018
Order Setting Aside Order to Show Cause
OAH Case No. 2018020416, 2018010287 · ALJ Peter Paul Castillo
OAH set aside its order to show cause against Student's attorney for missing a scheduled mediation, finding the no-show was an inadvertent calendaring oversight for which he took full responsibility.
Summary
OAH ordered Student's attorney, Paul Hefley, to show cause why he should not pay OAH's costs after he failed to appear at a March 7, 2018 mediation. The mediator had traveled to the District's office, where the District's attorney and representative and Parent were waiting, and the mediation was cancelled. In his response, Mr. Hefley took full responsibility and explained that his office failed to download and calendar OAH's order granting the parties' joint request for the mediation date. OAH found the failure was an inadvertent oversight and set aside the order to show cause, while recommending that his office track filings that need an OAH response and follow up with OAH on their status.
Why it matters
Missing an OAH-scheduled mediation can expose an attorney to paying OAH's costs. A prompt, candid response that takes responsibility can avoid sanctions. Counsel should track every request filed with OAH until a ruling comes back, so that scheduling orders are not missed.
People named in the order
- Paul Hefley, Student's attorney
- 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:
CARLSBAD UNIFIED SCHOOL OAH Case No. 2018020416
DISTRICT,
v.
PARENT ON BEHALF OF STUDENT,
PARENT ON BEHALF OF STUDENT, OAH Case No. 2018010287 v. ORDER SETTING ASIDE ORDER TO
SHOW CAUSE
CARLSBAD UNIFIED SCHOOL
DISTRICT.
On March 7, 2018, the Office of Administrative Hearings issued an Order to Show Cause why Student’s attorney, Paul Hefley, should not pay OAH’s costs related to the cancelation of the scheduled March 7, 2018, 9:30 a.m., mediation. The Order to Show Cause called for Student’s attorney to submit a response to OAH by March 14, 2018. OAH received the response on March 14, 2018.
The basis for the order to show cause was that on February 21, 2018, OAH issued a scheduling order, with the mediation date. On March 7, 2018, the assigned mediator traveled to the District’s office. The District’s attorney and representative and Student’s Parent were present at 9:30 a.m., for the mediation. Mr. Hefley did not appear for the mediation.
Mr. Hefley was contacted and stated that he did not realize that the mediation was scheduled for that day, and stated that he could make the mediation in a couple of hours. The mediation was subsequently cancelled.
In Mr. Hefley’s response, he takes full responsibility for what transpired as his office failed to download and calendar OAH’s order that granted the parties’ joint request for a mediation date and continuance. Therefore, Mr. Hefley’s failure to appear was through inadvertent oversight. However, it is also recommended that Mr. Hefley’s office track documents submitted to OAH that require a response from OAH to see if OAH has responded, and to contact OAH, if needed, to inquire about the status of the request.
Accordingly, the order to show cause is set aside.
IT IS SO ORDERED.
DATE: March 20, 2018
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings