California OAH special education order · August 22, 2017
Order Granting Peremptory Challenge
OAH Case No. 2017060787 · ALJ Margaret Gibson
OAH granted Student's timely peremptory challenge to ALJ Clifford Woosley and reassigned the case to ALJ Ted Mann, with the hearing starting the next afternoon.
This case went to decision
Orinda Union School District v. Student: Orinda Union's mental health assessment was appropriate; family is not entitled to an independent assessment at public expense. (2017)
Summary
On August 21, 2017, Student filed a peremptory challenge to ALJ Clifford Woosley in a case Orinda Union School District brought against Student. Presiding ALJ Margaret Gibson found the challenge timely because the hearing had not yet begun, and granted it. The case was reassigned to ALJ Ted Mann, and the hearing set for August 22, 2017 was moved to start at 1:30 p.m.
Why it matters
Each party gets one peremptory challenge to remove an assigned ALJ without giving a reason. It must be made before the hearing starts, or before the prehearing conference if an ALJ is already assigned by then.
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
- Clifford Woosley, Administrative Law Judge (challenged)
- Ted Mann, 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:
ORINDA UNION SCHOOL DISTRICT, OAH Case No. 2017060787 v. ORDER GRANTING PEREMPTORY
CHALLENGE
PARENT ON BEHALF OF STUDENT.
On August 21, 2017, Student filed a notice of peremptory challenge to Administrative Law Judge Clifford Woosley 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 ALJ Ted Mann and the hearing on August 22, 2017 will begin at 1:30 p.m.
IT IS SO ORDERED.
DATE: August 22, 2017
MARGARET GIBSON
Presiding Administrative Law Judge Office of Administrative Hearings