California OAH special education order · May 8, 2017
Order Denying Peremptory Challenge
OAH Case No. 2017020382 · ALJ June R. Lehrman
OAH denied Student's peremptory challenge to ALJ Adrienne Krikorian as untimely because it was filed the day before hearing, after the noon Friday deadline for hearings held outside an OAH office.
This case went to decision
Student v. Oxnard Union High School District: Oxnard Union High must fund three IEEs, 15 hours of speech therapy, and a male restroom paraeducator; occupational therapy claim denied. (2017)
Summary
Student filed a peremptory challenge on Monday, May 8, 2017, seeking to remove ALJ Adrienne Krikorian from a hearing set to begin the next day. Student had been told of the ALJ's assignment on Thursday, May 4. For a hearing held at a location other than an OAH office, the regulation requires a peremptory challenge to be filed by noon on the Friday of the week before the hearing begins. Because Student missed the Friday, May 5 deadline, OAH denied the challenge as untimely.
Why it matters
The deadline for a peremptory challenge can arrive within a day of learning which ALJ is assigned. Parents and advocates should be ready to file immediately, or they lose the right to remove the judge without showing cause.
Key authority cited
- Gov. Code § 11425.40, subd. (d)
- Cal. Code Regs., tit. 1, § 1034, subd. (e)
People named in the order
- Adrienne Krikorian, Administrative Law Judge (challenged)
- 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:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2017020382 v. ORDER DENYING PEREMPTORY
CHALLENGE
OXNARD UNION HIGH SCHOOL
DISTRICT.
On Monday, May 8, 2017, Student filed a peremptory challenge, seeking to disqualify Administrative Law Judge Adrienne Krikorian from hearing this case, which is scheduled to commence on Tuesday, May 9, 2017. Student’s peremptory challenge is untimely and is denied.
The 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. California Code of Regulations, title 1, section 1034 establishes the timeliness requirements. Pursuant to California Code of Regulations, title 1, section 1034, subdivision (e), for a hearing (such as this one) that is scheduled to occur at a location other than an OAH office, a peremptory challenge must be filed by noon on Friday the week preceding the matter’s commencement.
Student was notified of the appointment of ALJ Krikorian to this matter on Thursday, May 4, 2017, and neglected to timely file the peremptory by noon on Friday, May 5. The peremptory challenge is therefore untimely pursuant to California Code of Regulations, title 1, section 1034, subdivision (e), and is denied.
IT IS SO ORDERED.
DATE: May 8, 2017
JUNE R. LEHRMAN
Presiding Administrative Law Judge Office of Administrative Hearings