California OAH special education order · March 27, 2013
Order Granting District's Peremptory Challenge
OAH Case No. 2013020685 · ALJ Richard T. Breen
OAH granted District's peremptory challenge to ALJ June R. Lehrman because District filed it before the prehearing conference began, and reassigned the case to ALJ Robert G. Martin.
This case went to decision
Student v. ABC Unified School District: ABC Unified did not have to offer a residential treatment center to a student leaving a psychiatric hospital within its boundaries. (2013)
Summary
District filed a peremptory challenge to disqualify ALJ June R. Lehrman before the scheduled prehearing conference. A peremptory challenge removes a judge without needing to show cause. Each party gets one, and it must be made no later than the start of the prehearing conference if an ALJ has already been assigned. Because District's challenge was timely, OAH granted it and assigned ALJ Robert G. Martin to the prehearing conference and hearing.
Why it matters
Each side may remove one assigned ALJ without giving a reason, but only if it acts before the prehearing conference starts (or before the hearing, if no prehearing conference has occurred). Parents who want to use this right must act quickly.
Key authority cited
- Cal. Code Regs., tit. 1, § 1034
- Gov. Code, § 11425.40
People named in the order
- June R. Lehrman, Administrative Law Judge (disqualified)
- Robert G. Martin, 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:
PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2013020685
v. ORDER GRANTING DISTRICT’S
PEREMPTORY CHALLENGE
ABC UNIFIED SCHOOL DISTRICT.
On March 27, 2013, prior to the scheduled prehearing conference, District filed a peremptory challenge to disqualify Administrative Law Judge (ALJ) June R. Lehrman 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).)
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). ALJ Robert G. Martin is now assigned to the prehearing conference and hearing.
IT IS SO ORDERED.
Dated: March 27, 2013 /s/
RICHARD T. BREEN
Presiding Administrative Law Judge Office of Administrative Hearings