California OAH special education order · May 2, 2014

Order Granting District's Peremptory Challenge

OAH Case No. 2013090347 · ALJ Bob N. Varma

OAH granted District's timely peremptory challenge to ALJ Rebecca Freie and reassigned the case to ALJ Charles Marson.

Granted Peremptory challenges

This case went to decision

Student v. Pajaro Valley Unified School District: Pajaro Valley Unified must reimburse Chartwell tuition and mileage for a late IEP meeting and a missing general education teacher; other claims denied. (2014)

Summary

District's attorney filed a peremptory challenge, a request to remove the assigned judge without giving a reason, against ALJ Rebecca Freie. Each party gets one such challenge, but it must be made before the hearing starts and, if a judge is already assigned at the time of a prehearing conference, no later than the start of that conference. The Presiding ALJ found the challenge timely, granted it, and reassigned the matter to ALJ Charles Marson.

Why it matters

Each side gets one no-reason challenge to the assigned judge, but it must be filed on time: no later than the start of the prehearing conference if a judge is already assigned, and never after the hearing begins.

Key authority cited

  • Gov. Code, § 11425.40, subd. (d)
  • Cal. Code Regs., tit. 1, § 1034

People named in the order

  • Laurie E. Reynolds, District attorney
  • Rebecca Freie, Administrative Law Judge (challenged)
  • Charles Marson, Administrative Law Judge (reassigned)
  • Bob N. Varma, Presiding Administrative Law Judge

Topics

peremptory challenge alj reassignment disqualification without cause timeliness

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. 2013090347

v. ORDER GRANTING DISTRICT’S

PEREMPTORY CHALLENGE

PAJARO VALLEY UNIFIED SCHOOL

DISTRICT.

On May 2, 2014, Laurie E. Reynolds, attorney for the Pajaro Valley Unified School District (District), filed a notice of peremptory challenge to Administrative Law Judge 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 Charles Marson

IT IS SO ORDERED.

DATE: May 2, 2014

/S/

BOB N. VARMA

Presiding Administrative Law Judge Office of Administrative Hearings