California OAH special education order · January 22, 2015

Order Granting Peremptory Challenge

OAH Case No. 2014080713 · ALJ Peter Paul Castillo

OAH granted District's timely peremptory challenge to ALJ Robert Helfand and reassigned the case to ALJ Paul H. Kamoroff, because each party gets one no-cause challenge.

Granted Peremptory challenges

This case went to decision

Student v. Temecula Valley Unified School District: Temecula Valley Unified must reimburse $22,693.25 for ignoring an assessment request and not implementing a reading program (2015)

Summary

District filed a peremptory challenge to remove ALJ Robert Helfand from hearing Student's case. The Presiding ALJ explained that each party may disqualify one assigned ALJ without giving a reason. The challenge must be made before the hearing starts, or before the prehearing conference if an ALJ is already assigned by then. District's challenge was timely, so OAH granted it and reassigned the case to ALJ Paul H. Kamoroff.

Why it matters

Each side gets one chance to remove an assigned ALJ without showing bias, but only if it acts in time, generally before the prehearing conference or hearing begins. Parents and advocates should decide early whether to use that challenge.

Key authority cited

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

People named in the order

Robert Helfand, Administrative Law Judge (disqualified)
Paul H. Kamoroff, Administrative Law Judge (reassigned)

Topics

peremptory challenge alj disqualification reassignment timeliness

Order details

OAH case number: 2014080713
Order date: January 22, 2015
Order type: Peremptory challenges
Ruling: Granted
Administrative law judge: Peter Paul Castillo
Moving party: District
Case filed by: Student
Education agency: Temecula Valley Unified School District
Student's counsel: Not stated
District's counsel: Not stated
Official order: OAH PDF

Orders in this case

September 26, 2014: Order Granting Request for Continuance Prehearing Conference and Due Process Hearing
October 14, 2014: Second stipulated continuance granted; PHC reset to January 23, 2015, hearing to February 3, 2015; no further. (PDF)
January 15, 2015: Order Granting Motion to Compel Two Hour Observation of Student
January 22, 2015: Order Granting Peremptory Challenge
January 26, 2015: Order Following Prehearing Conference
Decision (2015-04-17)

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. 2014080713

v. ORDER GRANTING PEREMPTORY

CHALLENGE

TEMECULA VALLEY UNIFIED

SCHOOL DISTRICT.

On January 22, 2015, Temecula Unified School District timely filed a peremptory challenge, seeking to disqualify Administrative Law Judge Robert Helfand from hearing this case. District’s peremptory challenge is made pursuant to Government Code section 11425.40, subdivision (d), of the Administrative Procedures Act, 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 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 case is reassigned to ALJ Paul H. Kamoroff.