California OAH special education order · March 15, 2022
Order Denying Student's Request for Reconsideration
OAH Case No. 2021100153, 2021090782 · ALJ Peter Paul Castillo
OAH denied Student's request to reconsider the denial of a peremptory challenge, finding that the challenge to ALJ Hohensee was due by noon March 11, 2022, despite a wrong regulation citation in the earlier order.
This case went to decision
Student v. Irvine Unified School District (consolidated): Irvine Unified must provide 35 hours of tutoring for a missing IEP in fall 2020; residential placement and other claims denied. (2022)
Summary
Student filed a Motion for Clarification, which OAH treated as a request for reconsideration, of a March 14, 2022 order denying Student's peremptory challenge of ALJ Alexa Hohensee. Irvine Unified did not respond. OAH agreed the earlier order cited the wrong subdivision of the regulation, but found Student offered no new facts, circumstances, or law. Because ALJ Hohensee was assigned on March 9, 2022 under subdivision (e), any challenge was due by noon on March 11, 2022, and parties must check whether a matter was reassigned after the prehearing conference.
Why it matters
A peremptory challenge to a newly assigned ALJ has a short deadline, and parties are responsible for checking whether their case was reassigned after the prehearing conference. A citation error in an order will not revive a missed deadline.
Key authority cited
- Gov. Code, § 11521
- Code Civ. Proc., § 1008
- Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192
- Cal. Code Regs., tit. 1, § 1034, subd. (e)
- Cal. Code Regs., tit. 1, § 1034, subd. (f)
People named in the order
- Alexa Hohensee, Administrative Law Judge assigned to hear the matter
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 INVOLVING:
PARENT ON BEHALF OF STUDENT,
and
IRVINE UNIFIED SCHOOL DISTRICT,
OAH CASE NUMBER 2021100153
OAH CASE NUMBER 2021090782
ORDER DENYING STUDENT’S REQUEST
FOR RECONSIDERATION
MARCH 15, 2022
On March 14, 222, the undersigned Administrative Law Judge issued an order that denied Student’s March 14, 2022 Peremptory Challenge of Administrative Law Judge Alexa Hohensee. On March 15, 2021, Student filed a Motion for Clarification, which the Office of Administrative Hearings, referred to as OAH, is treating as a request for reconsideration. OAH did not receive a response from Irvine Unified School District.
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 ten 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.)
DISCUSSION
Student’s Motion was filed within a reasonable time after the initial Order was issued. However, while Student properly notes that the March 14, 2022 Order cited to California Code of Regulations, title 1, section 1034, subdivision (c), Student offers no new facts, circumstances or law. to support reconsideration, as the citation was in error by the undersigned ALJ. As OAH assigned ALJ Hohensee to hear this matter on March 9, 2022, pursuant to California Code of Regulations, title 1, section 1034, subdivision (e), the parties had until noon on Friday, March 11, 2022, to challenge ALJ Hohensee, as the parties have the obligation to check to see if the matter was reassigned after the Prehearing Conference. (Cal. Code Regs., tit. 1, § 1034, subd. (f).)
ORDER
Student has not established the March 14, 2022 Order Denying Student’s Peremptory Challenge should be reconsidered. The motion for reconsideration is denied. All dates set in this matter are confirmed.
IT IS SO ORDERED.
Peter Paul Castillo Presiding Administrative Law Judge Office of Administrative Hearings