California OAH special education order · March 15, 2013
Order Granting Peremptory Challenge
OAH Case No. 2013020510, 2012110422 · ALJ Timothy L. Newlove
OAH granted the District's timely peremptory challenge to ALJ Paul Kamoroff and reassigned the case to ALJ Susan Ruff, keeping all existing dates on calendar.
This case went to decision
Student v. Redlands Unified School District (consolidated): Redlands Unified prevails on all issues; assessments, IEPs, and behavior support plans upheld and June 2012 IEP offered FAPE. (2013)
Summary
The District filed a peremptory challenge asking that ALJ Paul Kamoroff not hear the case. A party may disqualify one assigned ALJ without giving a reason, as long as it does so before the hearing starts, or before the prehearing conference if an ALJ is already assigned by then. OAH found the District's challenge timely and granted it. ALJ Susan Ruff was assigned to the case, and all previously set dates stayed in place.
Why it matters
Each side gets one no-reason challenge to an assigned ALJ, but it must be made before the prehearing conference or hearing begins. Using it does not delay the existing hearing dates.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Paul Kamoroff, Administrative Law Judge (challenged)
- Susan Ruff, Administrative Law Judge (newly assigned)
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:
REDLANDS UNIFIED SCHOOL OAH CASE NO. 2013020510 and
DISTRICT, 2012110422
v. ORDER GRANTING PEREMPTORY
CHALLENGE
PARENT ON BEHALF OF STUDENT.
On March 15, 2013, counsel for the Redlands Unified School District (District) filed a peremptory challenge seeking to disqualify Administrative Law Judge (ALJ) Paul Kamoroff from hearing this case.
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).)
The District’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).
ORDER
1. The District's challenge of ALJ Paul Kamoroff is granted.
2. All dates previously set in this matter will remain on calendar.
3. ALJ Susan Ruff is now the hearing judge assigned to the case..
Dated: March 15, 2013 /s/
TIMOTHY L. NEWLOVE
Presiding Administrative Law Judge Office of Administrative Hearings