California OAH special education order · December 5, 2019

Order Discharging Order to Show Cause

OAH Case No. 2019090159 · ALJ Charles Marson

OAH discharged its order to show cause against Student's counsel for missing two prehearing conferences, finding counsel's written explanation sufficient and declining to impose sanctions.

Order to show cause Sanctions and cost-shifting

Summary

On November 25, 2019, OAH ordered Student's counsel to show cause why he had not appeared at two prehearing conferences. Counsel filed a response on December 2, 2019, explaining the circumstances. OAH found the explanation sufficient, imposed no sanctions, and discharged the order to show cause. It also advised counsel to diligently appear for all OAH-ordered matters.

Why it matters

Missing OAH prehearing conferences can lead to an order to show cause and possible sanctions. A prompt, adequate written explanation can avoid penalties, but OAH expects attorneys to attend every ordered proceeding.

Topics

order to show cause sanctions denied prehearing conference failure to appear attorney conduct

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,

v.

OAKLAND UNIFIED SCHOOL DISTRICT.

OAH CASE NUMBER 2019090159

ORDER DISCHARGING ORDER TO SHOW CAUSE

On November 25, 2019, the Office of Administrative Hearings issued an order to Student’s counsel to show cause why he did not appear at two prehearing conferences in this matter.

On December 2, 2019, Student’s counsel filed a response explaining the circumstances. The explanation was sufficient, so sanctions will not be imposed.

Counsel is advised to diligently appear for all OAH ordered matters.

The Order to Show Cause issued November 25, 2019, is discharged.

DATED: December 5, 2019 Charles Marson Administrative Law Judge Office of Administrative Hearings