California OAH special education order · September 15, 2017
Order Granting Bellflower Unified School District's Peremptory Challenge
OAH Case No. 2017050338 · ALJ Peter Paul Castillo
OAH granted Bellflower Unified's timely peremptory challenge to ALJ Chris Butchko and reassigned the case to ALJ Cole Dalton, leaving prehearing conference and hearing dates unchanged.
This case went to decision
Student v. Bellflower Unified School District: Bellflower Unified must reimburse $9,137 in private school costs and fund four IEEs after refusing IEP meetings for privately placed student. (2017)
Summary
Bellflower Unified School District filed a peremptory challenge to Administrative Law Judge Chris Butchko in a case Parent filed on Student's behalf. Each party gets one challenge to an assigned ALJ without having to show cause, as long as it is made before the prehearing conference or hearing begins. OAH found the District's challenge timely and granted it. The case was reassigned to ALJ Cole Dalton, and the existing prehearing conference and hearing dates stayed the same.
Why it matters
Each side gets one no-reason challenge to the assigned judge, but it must be filed before the prehearing conference or hearing starts. Using it does not by itself delay the hearing dates.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Chris Butchko, Administrative Law Judge (challenged)
- Cole Dalton, Administrative Law Judge (newly assigned)
- 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. 2017050338 v. ORDER GRANTING BELLFLOWER
UNIFIED SCHOOL DISTRICT’S
BELLFLOWER UNIFIED SCHOOL PEREMPTORY CHALLENGE
DISTRICT.
On September 14, 2017, Bellflower Unified School District filed a notice of peremptory challenge to Administrative Law Judge Chris Butchko in the above captioned matter. District’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).)
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).
ORDER
1. District’s challenge of ALJ Butchko is granted. Matter is now assigned to
ALJ Cole Dalton.
2. The previously set prehearing conference and hearing dates remains as
calendared.
DATE: September 15, 2017
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings