California OAH special education order · November 29, 2016
Order Denying Peremptory Challenge
OAH Case No. 2016100923 · ALJ Margaret Broussard
OAH denied Lodi's peremptory challenge to ALJ Theresa Ravandi as untimely because it was filed after she had already held the prehearing conference.
This case went to decision
Lodi Unified School District v. Student: Lodi Unified may implement its May 2016 IEP, including a plan to fade one-to-one behavior services, without parent consent. (2017)
Summary
Lodi Unified School District filed a peremptory challenge, which is a request to remove the assigned judge without giving a reason, against ALJ Theresa Ravandi. OAH denied it as untimely. Under the regulations, when an ALJ is assigned at the time of a scheduled prehearing conference, any challenge must be made before that conference begins. ALJ Ravandi had held the prehearing conference on November 7, 2016, and Lodi did not file its challenge until November 29, 2016.
Why it matters
Each side gets one no-reason challenge to the assigned judge, but the deadline is the start of the prehearing conference. A party that waits until after that conference loses the right to use it.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Theresa Ravandi, Administrative Law Judge (challenged)
- Margaret Broussard, 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:
LODI UNIFIED SCHOOL DISTRICT, OAH Case No. 2016100923 v. ORDER DENYING PEREMPTORY
CHALLENGE
PARENT ON BEHALF OF STUDENT.
On November 29, 2016, Lodi Unified School District filed a notice of peremptory challenge to Administrative Law Judge Theresa Ravandi in the above captioned matter.
Lodi’s peremptory challenge is 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).)
Lodi’s peremptory challenge is not timely made and is denied. ALJ Ravandi held a prehearing conference in this matter on November 7, 2016. In order for the challenge to be timely, it had to be made prior to the commencement of the prehearing conference.
IT IS SO ORDERED.
DATE: November 29, 2016
MARGARET BROUSSARD
Presiding Administrative Law Judge Office of Administrative Hearings