California OAH special education order · June 29, 2015
Order Denying District's Peremptory Challenge
OAH Case No. 2015020856 · ALJ Bob N. Varma
OAH denied Sequoia's peremptory challenge to ALJ Theresa Ravandi as untimely because she had already conducted the prehearing conference on April 17, 2015.
This case went to decision
Student v. Sequoia Union High School District: Sequoia Union High School District must reimburse $76,438.62, two-thirds of Alpine Academy costs; its 2014-2015 offer was upheld. (2015)
Summary
Sequoia Union High School District filed a peremptory challenge, which is a request to remove the assigned judge without giving a reason, against ALJ Theresa Ravandi on June 29, 2015. Under the regulations, if a judge is assigned at the time of the prehearing conference, any challenge must be made no later than the start of that conference. ALJ Ravandi held the prehearing conference on April 17, 2015, so OAH denied the challenge as untimely.
Why it matters
A party gets one no-cause challenge to an assigned ALJ, but it is lost if it is not made by the start of the prehearing conference. Parents and districts should decide early whether to use it.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Theresa Ravandi, Administrative Law Judge (challenged)
- Bob N. Varma, Division Presiding Administrative Law Judge
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 Matter of:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2015020856 v. ORDER DENYING DISTRICT’S
PEREMPTORY CHALLENGE
SEQUOIA UNION HIGH SCHOOL
DISTRICT.
On June 29, 2015, the Sequoia Union High School District filed a notice of peremptory challenge to Administrative Law Judge Theresa Ravandi in the above captioned matter. Sequoia’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 (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).)
On April 17, 2015, ALJ Ravandi conducted a prehearing conference in this matter;
therefore, Sequoia’s challenge is untimely, and is denied.
IT IS SO ORDERED.
DATE: June 29, 2015
/ S/
BOB N. VARMA
Division Presiding Administrative Law Judge Office of Administrative Hearings