California OAH special education order · September 21, 2018
Order Denying Request for Reconsideration
OAH Case No. 2018070796 · ALJ Linda Johnson
OAH denied Kern County's renewed motion to dismiss, treated as a reconsideration request, because it offered no new facts, circumstances, or law and was filed more than ten days after the order.
Summary
After ALJ Cole Dalton denied Kern County's motion to dismiss on September 6, 2018, Kern County filed a renewed motion to dismiss on September 19, which OAH treated as a request for reconsideration. Student opposed it. OAH denied the request because Kern County raised no new or different facts, circumstances, or law, and because the request was not received within ten days after the original order.
Why it matters
Refiling a denied motion under a new label will not get a second ruling unless the party shows new facts, circumstances, or law. The request must also be filed within ten days of the original order.
Key authority cited
- Gov. Code, § 11521
- Code Civ. Proc., § 1008
- Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192
People named in the order
- Cole Dalton, Administrative Law Judge who issued the prior order denying the motion to dismiss
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. 2018070796 v. ORDER DENYING REQUEST FOR
RECONSIDERATION
KERN COUNTY SUPERINTENDENT OF
SCHOOLS, VALLEY OAKS CHARTER
SCHOOL TEHACHAPI.
On September 6, 2018, Administrative Law Judge Cole Dalton issued an order denying Kern County Superintendent of Schools-Valley Oaks Charter School Tehachapi’s motion to dismiss. On September 19, 2018, Kern County filed a renewed motion to dismiss which the Office of Administrative Hearings deemed a request for reconsideration. On September 21, 2018, Student filed an opposition to the motion.
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
Not only does Kern County allege no new facts, circumstances, or law in support of the request reconsideration, the request is not timely because it was not received within ten days after issuance of the order. Accordingly, Kern County’s request for reconsideration is denied.
ORDER
Motion for Reconsideration is Denied.
DATE: September 21, 2018
LINDA JOHNSON
Administrative Law Judge Office of Administrative Hearings