California OAH special education order · May 13, 2016
Order Granting District's Peremptory Challenge
OAH Case No. 2016030723 · ALJ Peter Paul Castillo
OAH granted Laguna Beach Unified's timely peremptory challenge to ALJ Caroline Zuk and reassigned the case to ALJ Darrell Lepkowsky, with the hearing schedule unchanged.
This case went to decision
Student v. Laguna Beach Unified School District: Laguna Beach Unified must reimburse $5,491 for private school and speech costs after delaying an IEP meeting; interim placement upheld. (2016)
Summary
Laguna Beach Unified School District filed a peremptory challenge to remove the assigned ALJ, Caroline Zuk, without stating a cause. Under Government Code section 11425.40 and California Code of Regulations, title 1, section 1034, each party gets one such challenge if it is made before the hearing begins, or before the prehearing conference if an ALJ is already assigned by then. OAH found the challenge timely and granted it. The case was reassigned to ALJ Darrell Lepkowsky and will proceed as previously scheduled.
Why it matters
Each party in an OAH special education case may remove one assigned ALJ without giving a reason, but only if the challenge is filed on time, before the prehearing conference or hearing begins.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Gov. Code, § 11425.40, subd. (a)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Caroline Zuk, Administrative Law Judge (challenged)
- Darrell Lepkowsky, Administrative Law Judge (reassigned)
- Peter Paul Castillo, 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. 2016030723 v. ORDER GRANTING DISTRICT’S
PEREMPTORY CHALLENGE
LAGUNA BEACH UNIFIED SCHOOL
DISTRICT.
On May 13, 2016, Laguna Beach Unified School District filed a notice of peremptory challenge to Administrative Law Judge Caroline Zuk 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 Zuk is granted. This case is assigned for all
purposes to ALJ Darrell Lepkowsky.
2. The matter will proceed as previously scheduled.
DATE: May 13, 2016
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings