California OAH special education order · December 14, 2020
Order Denying Request for Reconsideration and Amending Due Process Hearing Dates
OAH Case No. 2019100553 · ALJ Margaret Gibson
OAH denied Irvine's motion to reconsider a continuance order as untimely. Irvine filed 25 days later, relied on facts it already knew, and gave no reason for the delay. OAH also reset the hearing dates.
Summary
Irvine asked OAH to reconsider its November 16, 2020 order granting a continuance, and Student did not respond. OAH denied the motion as untimely. Irvine filed 25 days after the order, well past the usual 10-day window, relied on information it had before the order issued, and did not explain the delay. Separately, because a statewide training made the earlier hearing dates unavailable, OAH vacated them and reset the hearing for March 2, 3, and 4, 2021, keeping the February 12, 2021 prehearing conference.
Why it matters
A party seeking reconsideration should generally file within about 10 days and must present new facts or law, or explain why it did not raise them earlier. A late motion based on information the party already had will be denied even if no one opposes it.
Key authority cited
- Gov. Code, § 11521
- Code Civ. Proc., § 1008
- Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192
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,
v.
IRVINE UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2019100553
ORDER DENYING REQUEST FOR RECONSIDERATION AND
AMENDING DUE PROCESS HEARING DATES
DECEMBER 14, 2020
On November 16, 2020, the undersigned Administrative Law Judge issued an order granting a continuance in this matter. On December 11, 2020, Irvine Unified School District, called Irvine, filed a motion for reconsideration. The Office of Administrative Hearings did not receive a response from Student.
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, generally within 10 days. (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.)
Here, Irvine filed the motion for reconsideration 25 days after the order granting continuance was issued. The information contained in Irvine's motion for reconsideration and accompanying declaration was known to it prior to the issuance of the November 16, 2020 order. Irvine failed to explain in its reconsideration motion the delay in filing. Thus, Irvine's motion for reconsideration is untimely and denied.
However, the due process hearing dates set in the November 16, 2021 order granting continuance are unavailable due to a statewide training. Thus, the due process hearing dates are vacated and reset as follows:
The due process hearing will be held on March 2, 3, and 4, 2021. The prehearing conference date of February 12, 2021 at 3:00 PM, remains on calendar.
PARTICIPANT INFORMATION SHEETS FOR THE PREHEARING CONFERENCES
MUST BE FILED TWO BUSINESS DAYS PRIOR TO THE DATE OF THE SCHEDULED EVENT.
The hearing shall begin at 9:30 AM on all days unless otherwise ordered. The hearing shall continue day to day, as needed at the discretion of the Administrative Law Judge.
IT IS SO ORDERED.
Margaret Gibson (Dec 14, 2020 12:39 PST)
Margaret Gibson Division Chief Administrative Law Judge Office of Administrative Hearings