California OAH special education order · January 6, 2017
Order Granting Peremptory Challenge
OAH Case No. 2016080681, 2016070664 · ALJ Peter Paul Castillo
OAH granted District's timely peremptory challenge to ALJ Paul Kamoroff, removed him from the consolidated case, and reset the prehearing conference to January 18, 2017 and the hearing to January 24, 2017.
This case went to decision
Student v. Bonsall Unified School District (consolidated): Bonsall Unified must reimburse $44,838.69 for Arch Academy tuition and transportation and cannot implement its 2016 IEP without consent. (2017)
Summary
District filed a peremptory challenge, which lets a party remove an ALJ without giving a reason, against Administrative Law Judge Paul Kamoroff in these consolidated cases. OAH found the challenge timely under Government Code section 11425.40 and California Code of Regulations, title 1, section 1034, and granted it. A new ALJ will be assigned later. The prehearing conference was moved to January 18, 2017, and the hearing to January 24, 2017.
Why it matters
Each party gets one peremptory challenge to an assigned ALJ, with no reason required. It must be filed before the prehearing conference begins, or before the hearing starts if no conference is set. Granting one can also shift the case schedule.
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)
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:
BONSALL UNIFIED SCHOOL DISTRICT, OAH Case No. 2016080681 v.
PARENT ON BEHALF OF STUDENT,
PARENT ON BEHALF OF STUDENT, OAH Case No. 2016070664 v. ORDER GRANTING PEREMPTORY
CHALLENGE
BONSALL UNIFIED SCHOOL DISTRICT.
On January 6, 2017, Bonsall Unified School District filed 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. The parties will be notified at a
later time as to the Administrative Law Judge assigned to hear this matter.
2. The previously set prehearing conference and hearing dates are continued. The
prehearing conference is now scheduled for 3:00 p.m., on January 18, 2017, and the hearing shall commence at 9:30 a.m., on January 24, 2017. The parties can discuss the need for additional hearing dates at the prehearing conference.
DATE: January 6, 2017
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings