California OAH special education order · April 17, 2015

Order Granting Peremptory Challenge

OAH Case No. 2014120518, 2015020258 · ALJ Margaret Broussard

OAH granted Student's timely peremptory challenge to ALJ Charles Marson and reassigned the consolidated matters to ALJ B. Andrea Miles.

Granted Peremptory challenges

This case went to decision

Student v. Antioch Unified School District (consolidated): Antioch Unified must provide eight hours of compensatory counseling; bullying, aide, tutoring, and placement claims denied. (2015)

Summary

On April 17, 2015, Student filed a peremptory challenge to disqualify ALJ Charles Marson from the consolidated cases against Antioch Unified School District. Each party gets one peremptory challenge, which needs no showing of cause, as long as it is made before the hearing starts and, if an ALJ is already assigned, no later than the start of the prehearing conference. OAH found Student's challenge timely, granted it, and reassigned the matter to ALJ B. Andrea Miles.

Why it matters

Each party may remove one assigned ALJ without giving a reason, but only if it acts before the prehearing conference or hearing begins.

Key authority cited

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

People named in the order

Charles Marson, Administrative Law Judge (disqualified)
B. Andrea Miles, Administrative Law Judge (reassigned)

Topics

peremptory challenge alj disqualification reassignment consolidated cases 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 Consolidated Matters of:

PARENT ON BEHALF OF STUDENT, OAH Case No. 2014120518 v.

ANTIOCH UNIFIED SCHOOL DISTRICT,

ANTIOCH UNIFIED SCHOOL DISTRICT, OAH Case No. 2015020258 v.

PARENT ON BEHALF OF STUDENT. ORDER GRANTING PEREMPTORY

CHALLENGE

On April 17, 2015, Student filed a peremptory challenge seeking to disqualify Administrative Law Judge Charles Marson in the above captioned matter.

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).)

Student’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 B. Andrea Miles.