California OAH special education order · June 16, 2022
Order Denying Request for Reconsideration
OAH Case No. 2022050489 · ALJ Claire Yazigi
OAH denied Ocean View's request to reconsider the hearing dates because the District offered no new facts, circumstances, or law and gave no good cause for the longer continuance.
Summary
OAH had granted the parties' joint request for mediation and a continuance, but it set hearing for September 20 to 22, 2022, instead of the September 27 to 29 dates the parties requested, finding no good cause for the full delay. Ocean View asked OAH to reconsider and use the originally requested dates. Student did not respond. OAH denied reconsideration because the District only repeated the requested dates and offered no new facts, circumstances, or law, and no good cause for the longer continuance.
Why it matters
Even a joint continuance request must show good cause for the specific length of delay. A reconsideration motion that simply repeats the original request, without new facts or law, will be denied.
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.
OCEAN VIEW SCHOOL DISTRICT.
OAH CASE NUMBER 2022050489
ORDER DENYING REQUEST FOR RECONSIDERATION
JUNE 16, 2022
On June 9, 2022, the undersigned Administrative Law Judge issued an order granting the parties’ joint request for mediation and continuance of due process hearing. The undersigned did not, however, find that the parties established good cause for the length of continuance requested. Instead of granting the parties’ request to set hearing for September 27, 28, and 29, 2022, the Order set hearing for September 20, 21, and 22, 2022. On June 14, 2022, Ocean View School District requested reconsideration of that portion of the Order, and that hearing be set for the dates originally requested by the parties. As of the date of this Order, 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
Ocean View offers no new facts, circumstances, or law to support reconsideration.
Ocean View reiterated the hearing dates the parties originally requested, but provided no good cause for the length of continuance it seeks.
ORDER
Ocean View has not established that the June 9, 2022 Order should be reconsidered. The motion for reconsideration is denied. All dates set in this matter are confirmed.
IT IS SO ORDERED.
Claire Yazigi Administrative Law Judge Office of Administrative Hearings