We have two state complaints that were put into abeyance due to a request for a due process hearing that contained the same issues. The petitioner had requested a withdrawal of the due process hearing one business day prior to the scheduled hearing due to

We have two state complaints that were put into abeyance due to a request for a due process hearing that contained the same issues. The petitioner had requested a withdrawal of the due process hearing one business day prior to the scheduled hearing due to allegations of bias against the petitioner by the tribunal. The tribunal denied the request and subsequently dismissed the due process case with prejudice due to the petitioner’s failure to comply with the orders of the tribunal. The issues in the due process were never brought before the ALJ in the scheduled hearing and the ALJ issued no orders specific to the issues. For the two state complaints that were in abeyance, is your understanding that the state complaints would proceed or would the state complaint be dismissed due to the ALJ dismissal with prejudice?
Topic
Legacy Id
68628
Weight
0