California OAH special education order · December 2, 2015
Order Granting Peremptory Challenge
OAH Case No. 2015090381 · ALJ Peter Paul Castillo
OAH granted Tustin Unified's timely peremptory challenge to ALJ Paul Kamoroff and reassigned the case to ALJ Kara Hatfield, with the hearing schedule unchanged.
This case went to decision
Tustin Unified School District v. Student: Tustin Unified may not implement kindergarten IEP over parents' objection; its partial special day class placement was not the least restrictive environment. (2016)
Summary
Tustin Unified School District filed a peremptory challenge to remove ALJ Paul Kamoroff from its case. A party may remove an assigned ALJ once without giving a reason, as long as it does so before the hearing begins and, if a prehearing conference is scheduled, before that conference starts. OAH found the challenge timely, granted it, and reassigned the case to ALJ Kara Hatfield. The matter will go forward on the existing schedule.
Why it matters
Each side gets one challenge to remove an assigned ALJ without stating a reason, but it must be filed before the prehearing conference or hearing begins. A successful challenge does not delay the hearing.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Paul Kamoroff, Administrative Law Judge (challenged)
- Kara Hatfield, 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 Matter of:
TUSTIN UNIFIED SCHOOL DISTRICT, OAH Case No. 2015090381 v. ORDER GRANTING PEREMPTORY
CHALLENGE
PARENT ON BEHALF OF STUDENT.
On December 2, 2015, Tustin Unified School District filed a notice of peremptory challenge to Administrative Law Judge Paul Kamoroff in the above captioned matter.
District’s peremptory challenge was 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 Kamoroff is granted. This case is assigned for all
purposes to ALJ Kara Hatfield.
2. The matter will proceed as previously scheduled.
DATE: December 2, 2015
/ S/
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings