California OAH special education order · August 28, 2017
Order Granting Peremptory Challenge
OAH Case No. 2017051355 · ALJ Margaret Gibson
OAH granted Student's timely peremptory challenge to ALJ Laurie Gorsline and reassigned the case to Presiding ALJ Peter Paul Castillo, with the hearing to begin August 29, 2017.
This case went to decision
Student v. Los Altos School District: Los Altos School District wins on all claims; second grader with private autism and ADHD diagnoses found not eligible. (2017)
Summary
On August 28, 2017, Student filed a peremptory challenge to Administrative Law Judge Laurie Gorsline. Each party gets one challenge that removes an assigned ALJ without having to show cause. The challenge must be made before the hearing begins, or before the prehearing conference if an ALJ was already assigned by then. OAH found Student's challenge timely, granted it, and reassigned the case to Presiding ALJ Peter Paul Castillo, keeping the August 29, 2017 hearing start.
Why it matters
Each side gets one no-reason challenge to an assigned ALJ, but it must be filed on time: before the prehearing conference if an ALJ is already assigned, and never after the hearing starts. A timely challenge can be granted even the day before hearing without delaying the hearing date.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Laurie Gorsline, Administrative Law Judge (challenged)
- Peter Paul Castillo, Presiding Administrative Law Judge (reassigned)
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. 2017051355 v. ORDER GRANTING PEREMPTORY
CHALLENGE
LOS ALTOS SCHOOL DISTRICT.
On August 28, 2017, Student filed a notice of peremptory challenge to Administrative Law Judge Laurie Gorsline 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).) 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). The matter is reassigned to Presiding Administrative Law Judge Peter Paul Castillo and the hearing will begin at 11:00 a.m. on August 29, 2017.
IT IS SO ORDERED.
DATE: August 28, 2017
MARGARET GIBSON
Presiding Administrative Law Judge Office of Administrative Hearings