California OAH special education order · January 11, 2018
Order Granting Peremptory Challenge
OAH Case No. 2017120638 · ALJ Margaret Gibson
OAH granted Hayward's timely peremptory challenge to ALJ Penelope Pahl and reassigned the case to ALJ Theresa Ravandi, because each party gets one no-cause challenge.
This case went to decision
Student v. Hayward Unified School District: Hayward Unified must hold an IDEA manifestation determination for an expelled student after conceding a basis of knowledge. (2018)
Summary
Hayward Unified School District filed a peremptory challenge to Administrative Law Judge Penelope Pahl. A party may disqualify one assigned ALJ without giving a reason, as long as it does so before the hearing starts and, if a prehearing conference is scheduled, before that conference begins. OAH found Hayward's challenge timely, granted it, and reassigned the matter to ALJ Theresa Ravandi.
Why it matters
Each side in an OAH special education case gets one no-reason challenge to the assigned judge. It must be filed before the prehearing conference or hearing begins, or the right is lost.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Penelope Pahl, Administrative Law Judge (challenged)
- Theresa Ravandi, 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. 2017120638 v. ORDER GRANTING PEREMPTORY
CHALLENGE
HAYWARD UNIFIED SCHOOL
DISTRICT.
On January 11, 2018, Hayward Unified School District filed a notice of peremptory challenge to Administrative Law Judge Penelope Pahl in the above captioned matter.
Hayward’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).)
Hayward’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 Theresa Ravandi.
IT IS SO ORDERED.
DATE: January 11, 2018
MARGARET GIBSON
Division Presiding Administrative Law Judge Office of Administrative Hearings