California OAH special education order · October 31, 2016
Order Granting Dehesa Elementary School District's Peremptory Challenge
OAH Case No. 2016090241, 2016080384 · ALJ Peter Paul Castillo
OAH granted Dehesa Elementary School District's peremptory challenge to ALJ Kara Hatfield as timely and reassigned the consolidated cases to ALJ Paul Kamoroff, keeping all existing dates.
This case went to decision
Student v. Dehesa School District et al. (consolidated): Dehesa School District and Community Montessori Charter must reimburse $20,709 in private school tuition and fund 68 hours of services. (2017)
Summary
Dehesa Elementary School District filed a peremptory challenge, which removes a judge without stating a reason, against ALJ Kara Hatfield in these consolidated cases. OAH explained that each party gets one such challenge if it is made before the hearing or prehearing conference begins. OAH found the District's challenge timely and granted it. The cases were reassigned to ALJ Paul Kamoroff, and all scheduled dates stayed on calendar.
Why it matters
Each side may remove one assigned ALJ without giving a reason, but only if it acts before the hearing or the prehearing conference starts. Reassignment does not move the hearing dates.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Kara Hatfield, Administrative Law Judge (challenged)
- Paul Kamoroff, 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 Consolidated Matters of:
DEHESA ELEMENTARY SCHOOL OAH Case No. 2016090241
DISTRICT,
v.
PARENT ON BEHALF OF STUDENT,
PARENT ON BEHALF OF STUDENT, OAH Case No. 2016080384 v. ORDER GRANTING DEHESA
ELEMENTARY SCHOOL DISTRICT’S
DEHESA ELEMENTARY SCHOOL PEREMPTORY CHALLENGE
DISTRICT.
On October 28, 2016, at 4:32 p.m., Dehesa Elementary School District filed a notice of peremptory challenge to Administrative Law Judge Kara Hatfield 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 request is timely as the hearing is scheduled for a regional office of OAH and not a site otherwise. (Cal. Code Regs., tit. 1, § 1034, subds. (d) and (e).)
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 Hatfield is granted. This case is assigned for all
purposes to ALJ Paul Kamoroff.
2. All dates previously set in this matter will remain on calendar.
DATE: October 31, 2016
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings