California OAH special education order · April 25, 2013
Order Granting Peremptory Challenge
OAH Case No. 2012080386 · ALJ Bob N. Varma
OAH granted California Children's Services' peremptory challenge to ALJ Deidre L. Johnson as timely and reassigned the case to ALJ Peter Paul Castillo.
This case went to decision
Student v. California Children's Services (California Department of Health Care Services): California Children's Services must provide weekly OT, compensatory OT and $900 for independent assessments; eight other claims denied. (2013)
Summary
California Children's Services (CCS) filed a peremptory challenge to the assigned ALJ, Deidre L. Johnson. A peremptory challenge removes a judge without having to show cause. OAH explained that each party gets one such challenge, but it must be made before the hearing starts, or before the prehearing conference if an ALJ is already assigned by then. Because CCS's challenge was timely, OAH granted it and reassigned the matter to ALJ Peter Paul Castillo.
Why it matters
Each party gets one no-reason challenge to the assigned ALJ, but it is lost if not made before the prehearing conference or hearing begins. Parents and advocates who want a different judge must act early.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Gov. Code, § 11425.40, subd. (a)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Deidre L. Johnson, Administrative Law Judge (challenged)
- Peter Paul Castillo, Administrative Law Judge (reassigned)
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. 2012080386
v. ORDER GRANTING PEREMPTORY
CHALLENGE
CALIFORNIA CHILDREN’S SERVICES.
On April 19, 2013, Derek E. Backus, attorney for California Children’s Services (CCS) filed a notice of peremptory challenge to Administrative Law Judge (ALJ) Deidre L.
Johnson in the above captioned matter. CCS’ peremptory challenge is made pursuant to Government Code section 11425.40, subdivision (d), of the Administrative Procedures Act (APA), and California Code of Regulations, title 1, section 1034.
Government Code section 11425.40, subdivision (d), establishes the criteria for disqualification of the presiding officer. 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).)
CCS’ 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). The matter is reassigned to ALJ Peter Paul Castillo.
Dated: April 25, 2013 /s/
BOB N. VARMA
Presiding Administrative Law Judge Office of Administrative Hearings