California OAH special education order · May 16, 2017
Order Granting Student's Peremptory Challenge
OAH Case No. 2016100887 · ALJ Peter Paul Castillo
OAH granted Student's timely peremptory challenge to ALJ Judith Pasewark and reassigned the case to ALJ Alexa Hohensee, keeping all previously set dates on calendar.
This case went to decision
Student v. Bellflower Unified School District: Bellflower Unified denied FAPE to a learning-disabled English learner; ALJ orders IEEs, 185 compensatory hours, Spanish IEP translations and staff training. (2017)
Summary
Student filed a peremptory challenge to remove the assigned ALJ, Judith Pasewark, without stating a cause. Presiding ALJ Peter Paul Castillo found the challenge timely under Government Code section 11425.40 and California Code of Regulations, title 1, section 1034, which give each party one challenge without cause. The challenge was granted, the case was reassigned to ALJ Alexa Hohensee, and all scheduled dates stayed in place.
Why it matters
Each party gets one peremptory challenge to an assigned ALJ. It must be filed before the prehearing conference begins, or before the hearing starts if no prehearing conference is scheduled. Filing on time removes the judge automatically, with no need to show bias.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Judith Pasewark, Administrative Law Judge (challenged)
- Alexa Hohensee, Administrative Law Judge (newly assigned)
- 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. 2016100887 v. ORDER GRANTING STUDENT’S
PEREMPTORY CHALLENGE
BELLFLOWER UNIFIED SCHOOL
DISTRICT.
On May 16, 2017, Student filed a notice of peremptory challenge to Administrative Law Judge Judith Pasewark in the above captioned matter. Student’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).)
Student’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. Student’s challenge of ALJ Pasewark is granted. This case is assigned for all
purposes to ALJ Alexa Hohensee.
2. All dates previously set in this matter will remain on calendar.
DATE: May 16, 2017
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings