California OAH special education order · June 13, 2022
Order Denying Request for Reconsideration
OAH Case No. 2022050789 · ALJ Cynthia Fritz
OAH denied the parties' joint request to reconsider its earlier refusal to consolidate Natomas' new case with an existing case because the parties offered no new facts, circumstances, or law.
Summary
Natomas filed a due process complaint against Student and asked OAH to consolidate it with an earlier case, OAH case number 2021120665. OAH denied consolidation on June 7, 2022. Two days later the parties jointly asked OAH to reconsider. OAH denied the request because reconsideration requires new or different facts, circumstances, or law, and the parties offered none.
Why it matters
Even a joint, agreed request for reconsideration will fail unless it presents new facts, circumstances, or law. Parties should put their full reasons for consolidation in the original motion, or explain what has changed when they ask OAH to reconsider.
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:
NATOMAS UNIFIED SCHOOL DISTRICT,
v.
PARENTS ON BEHALF OF STUDENT.
OAH CASE NUMBER 2022050789
ORDER DENYING REQUEST FOR RECONSIDERATION
JUNE 13, 2022
On May 25, 2022, Natomas Unified School District filed a due process hearing request with the Office of Administrative Hearings, called OAH, naming Student as respondent, OAH case number 2022050879. Natomas concurrently filed a motion to consolidate OAH case numbers 2021120665 and 2022050879.
On June 7, 2022, the undersigned administrative law judge issued an order denying Natomas' motion to consolidate OAH case numbers 2022050879 and
2021120665. On June 9, 2022, the parties jointly filed a motion for reconsideration to
consolidate OAH case numbers 2022050879 and 2021120665.
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
Here, the parties offered no new facts, circumstances, or law to support reconsideration. Accordingly, the parties joint request for reconsideration to consolidate OAH case numbers 2022050879 and 2021120665 is denied.
IT IS SO ORDERED.
Cynthia Fritz Administrative Law Judge Office of Administrative Hearings