California OAH special education order · April 29, 2016
Order Granting Charter School's Peremptory Challenge
OAH Case No. 2015110494, 2015120807 · ALJ Peter Paul Castillo
OAH granted River Springs Charter School's timely peremptory challenge to ALJ Sabrina Kong and reassigned the consolidated cases to ALJ Kara Hatfield, with the hearing schedule unchanged.
This case went to decision
Student v. River Springs Charter School (consolidated): River Springs Charter School must fund The Prentice School tuition, a fall 2016 semester there, and a $5,250 IEE. (2016)
Summary
River Springs Charter School filed a peremptory challenge, which is a request to remove the assigned judge without giving a reason, against ALJ Sabrina Kong. The Presiding ALJ found the challenge timely under Government Code section 11425.40 and California Code of Regulations, title 1, section 1034, and granted it. The consolidated cases were reassigned for all purposes to ALJ Kara Hatfield. The matter will proceed on the schedule already set.
Why it matters
Each party gets one no-reason challenge to the assigned ALJ. It must be filed before the prehearing conference starts if a judge is already assigned, and it can never be filed after the hearing begins. Changing judges does not by itself delay the hearing dates.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Sabrina Kong, Administrative Law Judge (challenged)
- Kara Hatfield, Administrative Law Judge (reassigned)
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. 2015110494 v.
RIVER SPRINGS CHARTER SCHOOL,
RIVER SPRINGS CHARTER SCHOOL, OAH Case No. 2015120807 v. ORDER GRANTING CHARTER
SCHOOL’S PEREMPTORY
PARENT ON BEHALF OF STUDENT. CHALLENGE
On April 29, 2016, River Springs Charter School filed with the Office of Administrative Hearings a peremptory challenge to Administrative Law Judge Sabrina Kong in the above captioned matter. Charter School’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).)
Charter School’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. Charter School’s challenge of ALJ Kong is granted. This case is assigned for
all purposes to ALJ Kara Hatfield.
2. The matter will proceed as previously scheduled.
DATE: April 29, 2016
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings