California OAH special education order · March 27, 2013
Order Granting Student's Peremptory Challenge
OAH Case No. 2012070894 · ALJ Richard T. Breen
OAH granted Student's timely peremptory challenge to ALJ Charles Marson and reassigned the case to ALJ June R. Lehrman, because each party gets one challenge without cause.
This case went to decision
Student v. Pittsburg Unified School District: Pittsburg Unified prevails: student with ADHD not eligible for special education under learning disability, health impairment, or emotional disturbance. (2013)
Summary
Student filed a peremptory challenge to disqualify ALJ Charles Marson from hearing the case against Pittsburg Unified School District. OAH explained that each party may make one peremptory challenge without showing cause, as long as it is filed before the hearing starts and, if an ALJ is already assigned, no later than the start of the prehearing conference. OAH found Student's challenge timely, granted it, and reassigned the case to ALJ June R. Lehrman.
Why it matters
Parents can remove an assigned ALJ once without giving a reason, but only if they act in time. The challenge must come before the hearing starts and, if an ALJ is already assigned, before the prehearing conference begins.
Key authority cited
- Gov. Code, § 11425.40
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Charles Marson, Administrative Law Judge (challenged)
- June R. Lehrman, Administrative Law Judge (newly assigned)
- Richard T. Breen, Presiding Administrative Law Judge
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:
PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2012070894
v. ORDER GRANTING STUDENT’S
PEREMPTORY CHALLENGE
PITTSBURG UNIFIED SCHOOL
DISTRICT.
On March 27, 2013, Student timely filed a peremptory challenge to disqualify Administrative Law Judge (ALJ) Charles Marson from hearing this case.
A party is entitled to one peremptory challenge (disqualification without cause) to an ALJ assigned to an Office of Administrative Hearings (OAH) hearing. (Cal. Code Regs., tit.
1, § 1034, subds. (a) & (b); Gov. Code, § 11425.40, subd. (d).) In no event will a peremptory challenge be allowed if it is made after the hearing has commenced. In addition, if at the time of a scheduled prehearing conference, an ALJ has been assigned to the Hearing, any challenge to the assigned ALJ shall be made no later than commencement of that prehearing conference. (Cal. Code Regs., tit. 1, § 1034, subd. (c).) A peremptory challenge is not allowed on reconsideration or remand, and cannot be made after a hearing has begun. (Cal.
Code Regs., tit. 1, § 1034, subd. (a).)
Student’s peremptory challenge is timely made and is granted pursuant to Government section 11425.40, subdivisions (a) and (d), and California Code of Regulations, title 1, section 1034, subdivision (c). ALJ June R. Lehrman is now assigned to this matter.
IT IS SO ORDERED.
Dated: March 27, 2013 /s/
RICHARD T. BREEN
Presiding Administrative Law Judge Office of Administrative Hearings