California OAH special education order · April 3, 2017
Order Granting Peremptory Challenge
OAH Case No. 2017020596 · ALJ June R. Lehrman
OAH granted Student's peremptory challenge to ALJ Laurie Gorsline because it was made at the start of the prehearing conference, and reassigned the case to ALJ Tara Doss.
This case went to decision
Student v. Goleta Unified School District: Goleta Unified prevails on all claims over its special day class offer; ALJ finds full parent participation and no predetermination. (2017)
Summary
At the start of the April 3, 2017 prehearing conference, Student made a peremptory challenge to disqualify Administrative Law Judge Laurie Gorsline. Each party gets one challenge without cause. When an ALJ is already assigned at the time of a scheduled prehearing conference, the challenge must be made no later than the start of that conference. Because Student's challenge was timely, Presiding ALJ June R. Lehrman granted it and assigned ALJ Tara Doss to hear the case.
Why it matters
Each party gets one peremptory challenge to remove an assigned ALJ without giving a reason. If an ALJ is already assigned when the prehearing conference is scheduled, the challenge must be made by the start of that conference, or the right is lost.
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
- Laurie Gorsline, Administrative Law Judge (disqualified)
- Tara Doss, Administrative Law Judge (newly assigned)
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. 2017020596 v. ORDER GRANTING PEREMPTORY
CHALLENGE
GOLETA UNION SCHOOL DISTRICT.
On April 3, 2017, at the commencement of the prehearing conference, Student stated a peremptory challenge, seeking to disqualify Administrative Law Judge Laurie Gorsline from hearing this case. Student’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).)
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). ALJ Tara Doss is assigned to hear this matter.
IT IS SO ORDERED.
DATE: April 3, 2017
JUNE R. LEHRMAN
Presiding Administrative Law Judge Office of Administrative Hearings