California OAH special education order · November 21, 2014

Order Granting District's Peremptory Challenge

OAH Case No. 2014100290 · ALJ Richard T. Breen

OAH granted District's timely peremptory challenge, removing ALJ Robert Martin without cause and reassigning the case to ALJ Elsa Jones.

Granted Peremptory challenges

This case went to decision

Student v. Panama-Buena Vista Union School District: Panama-Buena Vista Union must fund 35 hours of counseling and tutoring for a seven-week child find failure; other claims denied. (2015)

Summary

District filed a peremptory challenge to disqualify ALJ Robert Martin from hearing Student's case. Each party gets one challenge to an assigned ALJ without having to show cause, as long as it is made before the hearing starts and, if an ALJ is already assigned, before the prehearing conference begins. District's challenge was timely, so Presiding ALJ Richard T. Breen granted it and assigned ALJ Elsa Jones to the prehearing conference and hearing.

Why it matters

Each side gets one no-reason challenge to the assigned judge, but only if it is filed before the prehearing conference or hearing begins. Parents should check the assigned ALJ early and decide promptly whether to use their challenge.

Key authority cited

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

People named in the order

Robert Martin, Administrative Law Judge (disqualified)
Elsa Jones, Administrative Law Judge (newly assigned)

Topics

peremptory challenge alj disqualification judge reassignment 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. 2014100290

v. ORDER GRANTING DISTRICT’S

PEREMPTORY CHALLENGE

PANAMA-BUENA VISTA UNION

SCHOOL DISTRICT.

On November 21, 2014, District timely filed a peremptory challenge to disqualify Administrative Law Judge (ALJ) Robert Martin from hearing this case.

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). ALJ Elsa Jones is now assigned to the prehearing conference and hearing.