California OAH special education order · October 10, 2013
Order Granting District's Peremptory Challenge
OAH Case No. 2013080697 · ALJ Bob N. Varma
OAH granted District's peremptory challenge to ALJ Paul Kamoroff as timely and reassigned the case to ALJ Rebecca Freie, because each party gets one challenge without cause.
This case went to decision
Student v. Cupertino Union School District: Cupertino Union did not predetermine middle school special day class placement for autistic student; all relief denied. (2013)
Summary
After the prehearing conference, OAH reassigned this case to ALJ Paul Kamoroff. Two days later, District filed a peremptory challenge to him. OAH found the challenge timely under Government Code section 11425.40 and the OAH regulation. It granted the challenge and reassigned the case to ALJ Rebecca Freie.
Why it matters
Each side gets one chance to remove an assigned ALJ without giving a reason. The challenge must be made on time: before the hearing starts, and by the start of the prehearing conference if the ALJ was already assigned by then.
Key authority cited
- Gov. Code, § 11425.40, subds. (a), (d)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Paul Kamoroff, Administrative Law Judge (challenged)
- Rebecca Freie, 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. 2013080697
v. ORDER GRANTING DISTRICT’S
PEREMPTORY CHALLENGE
CUPERTINO UNION SCHOOL
DISTRICT.
On October 7, 2013, a prehearing conference (PHC) was held in this matter.
Following the PHC, the Office of Administrative Hearings reassigned this matter to Administrative Law Judge (ALJ) Paul Kamoroff. On October 9, 2013, the Cupertino Union School District (District) filed a peremptory challenge to ALJ Kamoroff.
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 Rebecca Freie.
IT IS SO ORDERED.
Dated: October 10, 2013 /s/
BOB N. VARMA
Presiding Administrative Law Judge Office of Administrative Hearings