California OAH special education order · May 15, 2020
Order Vacating Hearing on Order to Show Cause
OAH Case No. 2020021144 · ALJ Christine Arden
OAH vacated its order to show cause and imposed no expenses after Student's counsel filed a declaration showing good cause for failing to tell OAH a mediation had been cancelled.
Summary
OAH issued an order to show cause asking why the parties should not pay OAH's expenses for failing to appear at a mediation. Student filed a timely written response with a declaration from counsel. ALJ Christine Arden found the declaration showed good cause why the parties should not pay the expenses caused by their failure to properly inform OAH that the mediation was cancelled. She vacated the May 18, 2020 hearing on the order to show cause.
Why it matters
Parties who cancel a scheduled mediation must promptly notify OAH, or they risk an order to pay OAH's expenses. A timely response with a sworn declaration explaining what happened can resolve the matter without a sanction.
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.
LOS ANGELES UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2020021144
ORDER VACATING HEARING ON ORDER TO SHOW CAUSE
MAY 15, 2020
On May 14, 2020, the Office of Administrative hearings issued an Order to Show Cause Why the Parties Should Not Be Ordered to Pay Expenses of OAH for failure to appear at a mediation. Student timely filed a written response including counsel’s declaration. The declaration established good cause why the parties should not be ordered to pay the expenses incurred for the parties’ failure to appropriately inform OAH the mediation in this matter was cancelled. Therefore, the hearing set for 1:00 PM on May 18, 2020 on the Order to Show Cause is vacated.
IT IS SO ORDERED
Christine Arden Administrative Law Judge Office of Administrative Hearings