California OAH special education order · February 23, 2017
Order Granting Peremptory Challenge
OAH Case No. 2016110339 · ALJ June R. Lehrman
OAH granted District's timely peremptory challenge to ALJ Adrienne Krikorian and reassigned the case to ALJ Marian Tully, since each party gets one challenge without cause.
This case went to decision
Garvey School District v. Student: Garvey School District may implement its October 2016 IEP without parent consent after an ALJ found it offered a FAPE. (2017)
Summary
District filed a peremptory challenge to disqualify ALJ Adrienne Krikorian from hearing its case. The rules give each party one challenge without cause, as long as it is made before the hearing starts and, if a judge is already assigned, no later than the start of the prehearing conference. Presiding ALJ June R. Lehrman found the challenge timely and granted it. ALJ Marian Tully was assigned to hear the matter.
Why it matters
Each side gets one chance to remove an assigned ALJ without giving a reason, but only if it acts in time. The challenge must come before the hearing begins, and before the prehearing conference if a judge is already assigned.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Gov. Code, § 11425.40, subd. (a)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Adrienne Krikorian, Administrative Law Judge (challenged)
- Marian Tully, Administrative Law Judge (reassigned)
- June R. Lehrman, 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:
GARVEY SCHOOL DISTRICT, OAH Case No. 2016110339 v. ORDER GRANTING PEREMPTORY
CHALLENGE
PARENT ON BEHALF OF STUDENT.
On February 23, 2017, District filed a peremptory challenge, seeking to disqualify Administrative Law Judge Adrienne Krikorian from hearing this case.
District’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).)
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). ALJ Marian Tully will hear this matter.
IT IS SO ORDERED.
DATE: February 23, 2017
JUNE R. LEHRMAN
Presiding Administrative Law Judge Office of Administrative Hearings