California OAH special education order · July 31, 2017
Order Granting Peremptory Challenge
OAH Case No. 2017041029 · ALJ Marian H. Tully
OAH granted Student's timely peremptory challenge to ALJ Adrienne L. Krikorian and reassigned the case to ALJ Alexa J. Hohensee, keeping all existing dates on calendar.
This case went to decision
Student v. Santa Paula Unified School District et al.: Santa Paula Unified and Ventura Unified prevail on all claims; claims against Ventura barred by two-year statute of limitations. (2017)
Summary
Student's attorney filed a peremptory challenge to remove the assigned ALJ, Adrienne L. Krikorian, without stating a cause. Each party gets one such challenge, as long as it is filed before the hearing begins and, if an ALJ is already assigned, no later than the start of the prehearing conference. OAH found the challenge timely, granted it, and reassigned the case to ALJ Alexa J. Hohensee. All previously set dates stayed in place.
Why it matters
Each side may remove one assigned judge without giving a reason, but only if it acts in time. The deadline is before the prehearing conference starts if a judge is already assigned. Using the challenge does not delay the hearing schedule.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Adrienne L. Krikorian, Administrative Law Judge (challenged)
- Alexa J. Hohensee, Administrative Law Judge (newly assigned)
- Andrea Marcus, Attorney for Student
- Marian H. Tully, Acting 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. 2017041029 v. ORDER GRANTING PEREMPTORY
CHALLENGE
VENTURA UNIFIED SCHOOL DISTRICT.
On July 31, 2017, Andrea Marcus, attorney for Student, filed a notice of peremptory challenge to Administrative Law Judge Adrienne L. Krikorian, in the above captioned matter.
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).)
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 Adrienne L. Krikorian is granted. The matter is assigned
to ALJ Alexa J. Hohensee.
2. All dates previously set in this matter will remain on calendar.
IT IS SO ORDERED.
DATE: July 31, 2017
MARIAN H. TULLY
Acting Presiding Administrative Law Judge Office of Administrative Hearings