California OAH special education order · February 21, 2017
Order Granting Peremptory Challenge
OAH Case No. 2016110289 · ALJ Peter Paul Castillo
OAH granted Student's timely peremptory challenge to ALJ Adrienne Krikorian and reassigned the case to Presiding ALJ Peter Paul Castillo, keeping all existing dates on calendar.
This case went to decision
Student v. Tehachapi Unified School District: Tehachapi Unified blocked parent participation by predetermining refusal of an insurance-funded ABA aide; new IEP meeting and staff training ordered. (2017)
Summary
Student filed a peremptory challenge to remove the assigned ALJ, Adrienne Krikorian, without stating a cause. Each party may use one such challenge. It must be made before the hearing starts and, if a prehearing conference is scheduled with an ALJ assigned, no later than the start of that conference. OAH found Student's challenge timely, granted it, and reassigned the case to Presiding ALJ Peter Paul Castillo, with all previously set dates kept in place.
Why it matters
Each party gets one no-reason challenge to an assigned ALJ. It must be filed before the prehearing conference or hearing begins, and using it 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
- Adrienne Krikorian, Administrative Law Judge (challenged)
- 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. 2016110289 v. ORDER GRANTING PEREMPTORY
CHALLENGE
TEHACHAPI UNIFIED SCHOOL
DISTRICT.
On February 21, 2017, Student filed a notice of peremptory challenge to Administrative Law Judge Adrienne Krikorian 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 Krikorian is granted. This case is assigned for all
purposes to Presiding Administrative Law Judge Peter Paul Castillo.
2. All dates previously set in this matter will remain on calendar.
DATE: February 21, 2017
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings