California OAH special education order · February 27, 2015
Order Granting Peremptory Challenge and Continuing the Prehearing Conference
OAH Case No. 2014090268, 2014090535 · ALJ Peter Paul Castillo
OAH granted District's timely peremptory challenge to ALJ Robert Helfand, reassigned the consolidated case to ALJ Susan Ruff, and moved the prehearing conference to March 2, 2015.
This case went to decision
Student v. Huntington Beach Union High School District (consolidated): Huntington Beach Union High must reimburse up to $30,690 for private school and therapy after child find and counseling failures. (2015)
Summary
District filed a peremptory challenge to ALJ Robert Helfand on February 26, 2015. A peremptory challenge lets a party remove an ALJ without giving a reason. Each party gets one, and it must be made before the hearing starts, or by the start of the prehearing conference if an ALJ is already assigned by then. OAH found District's challenge timely, reassigned the consolidated case to ALJ Susan Ruff for all purposes, and continued the prehearing conference to March 2, 2015, at 4:00 p.m.
Why it matters
Each side may remove one assigned ALJ without stating a reason, but only if it acts before the prehearing conference or hearing begins. Parents should decide early whether to use their 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 (challenged)
- Susan Ruff, 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 Consolidated Matters of:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2014090268 v.
HUNTINGTON BEACH UNION HIGH
SCHOOL DISTRICT,
HUNTINGTON BEACH UNION HIGH OAH Case No. 2014090535
SCHOOL DISTRICT,
ORDER GRANTING PEREMPTORY
v. CHALLENGE AND CONTINUING THE
PREHEARING CONFERENCE
PARENT ON BEHALF OF STUDENT.
On February 26, 2015, Huntington Beach Union High School District filed a notice of peremptory challenge to Administrative Law Judge Robert Helfand 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, 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).
ORDER
1. District’s challenge of ALJ Helfand is granted. The consolidate case is assigned
for all purposes to ALJ Susan Ruff.
2. The previously set prehearing conference date is continued. The prehearing
conference is now set for March 2, 2015, at 4:00 p.m. OAH will initiate the call.
DATE: February 27, 2015
/S/
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings