Department of Health Care Services v. Office of Administrative Hearings

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The Department filed a petition for writs of administrative and traditional mandamus, and declaratory relief, seeking, among other things, an order compelling the Director of the Department of General Services, OAH, to set aside the order and decision issued by one of its ALJs in the matter of Parents on Behalf of Student v. Tuolumne County California Children’s Services, OAH Case No. 2012100238. The District and County, as well as the student's parents, opposed the Department's petition. The trial court affirmed the ALJ's order and decision, denying all of the Department's requests. The court agreed with the Department's contentions that the trial court erred when it summarily denied the petition for writ of administrative mandamus and failed to conduct an independent review on the petition for writs of administrative and traditional mandamus. The court concluded, however, that the trial court did not err in denying the requests for writs of mandamus and declaratory relief, and awarding attorney fees to the student. Accordingly, the court affirmed the judgment. View "Department of Health Care Services v. Office of Administrative Hearings" on Justia Law