California OAH special education order · March 10, 2022
Order Denying Request for Reconsideration
OAH Case No. 2021120803 · ALJ Rita Defilippis
OAH denied San Marcos's request to reconsider the March 22-24, 2022 hearing dates because the district offered no new facts, citing one erroneous case number and one case already considered.
Summary
San Marcos asked OAH to reconsider its February 25, 2022 order setting the hearing for March 22, 23, and 24, 2022, claiming its counsel was unavailable because of two other OAH cases. Student did not respond. The ALJ denied the motion. One of the cited cases could not be identified because the case number was wrong, and the other had already been considered in the February 25 order. All dates were confirmed.
Why it matters
Reconsideration requires genuinely new facts, circumstances, or law. Repeating scheduling conflicts already considered, or citing cases inaccurately, will not move hearing dates. Parents can expect OAH to hold districts to set hearing schedules.
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:
PARENTS ON BEHALF OF STUDENT,
v.
SAN MARCOS UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2021120803
ORDER DENYING REQUEST FOR RECONSIDERATION
MARCH 10, 2022
On February 25, 2022, the undersigned Administrative Law Judge issued an Order Following Prehearing Conference Granting Continuance and Setting Prehearing Conference and Hearing. On March 3, 2022, San Marcos filed a Motion for Reconsideration, requesting that the undersigned ALJ reconsider the February 25, 2022 order setting the hearing in this matter to March 22, 23, and 24, 2022, based on information of counsel’s unavailability for hearing on those dates. 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 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
San Marcos offers no new facts, circumstances or law to support reconsideration.
San Marcos cites two previously filed OAH cases in which San Marcos’ counsel is representing to support its claim that counsel is unavailable. One of those cases, asserted as new information to support reconsideration, is unidentifiable, as the case number referenced is erroneous. The other case was discussed and considered in the February 25, 2022 order. San Marcos has therefore failed to offer any new facts or circumstances to support reconsideration.
ORDER
San Marcos has not established the February 25, 2022 order should be reconsidered. The motion for reconsideration is denied. All dates set in this matter are confirmed.
IT IS SO ORDERED.
Rita Defilippis Administrative Law Judge Office of Administrative Hearings