California OAH special education order · October 18, 2013
Order Granting District's Peremptory Challenge
OAH Case No. 2013071261 · ALJ Bob N. Varma
OAH granted Moreland School District's timely peremptory challenge to ALJ Rebecca Freie, reassigned the case to ALJ Adrienne L. Krikorian, and reset that day's prehearing conference to 3:00 p.m.
This case went to decision
Student v. Moreland School District: Moreland School District prevails: special day class and behavior supports for autistic student who bangs her head upheld for both school years. (2014)
Summary
The District filed a peremptory challenge to the assigned ALJ, Rebecca Freie, on the day of the prehearing conference. OAH explained that each party gets one challenge without cause. The challenge must be made before the hearing begins, and if a prehearing conference is scheduled with an ALJ already assigned, no later than the start of that conference. OAH found the challenge timely, granted it, reassigned the case to ALJ Adrienne L. Krikorian, and reset the October 18, 2013 prehearing conference to 3:00 p.m.
Why it matters
Each side gets one chance to remove an assigned judge without giving a reason. If a judge is already assigned when the prehearing conference is scheduled, that challenge must be filed before the prehearing conference begins.
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
- Rebecca Freie, Administrative Law Judge (challenged)
- Adrienne L. Krikorian, 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:
LEGAL GUARDIAN ON BEHALF OF OAH CASE NO. 2013071261
STUDENT,
ORDER GRANTING DISTRICT’S
v. PEREMPTORY CHALLENGE
MORELAND SCHOOL DISTRICT.
On October 18, 2013, Melanie D. Seymour, attorney for the Moreland School District (District), filed a notice of peremptory challenge to Administrative Law Judge (ALJ)
Rebecca Freie in the above captioned matter. District’s 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).)
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). The matter is reassigned to ALJ Adrienne L. Krikorian and the prehearing conference of October 18, 2013, is reset to begin at 3:00 p.m.
IT IS SO ORDERED.
Dated: October 18, 2013 /s/
BOB N. VARMA
Presiding Administrative Law Judge Office of Administrative Hearings