California OAH special education order · January 23, 2018
Order Granting Peremptory Challenge
OAH Case No. 2017120839 · ALJ Marian H. Tully
OAH granted Student's timely peremptory challenge, removing Administrative Law Judge Clifford H. Woosley from hearing the case against Victor Valley Union High School District.
This case went to decision
Student v. Victor Valley Union High School District: Victor Valley Union High School District properly found that a student's bringing a gun to school was not a manifestation of his disability. (2018)
Summary
On January 22, 2018, Student filed a peremptory challenge asking to disqualify Administrative Law Judge Clifford H. Woosley from hearing this case. Presiding Administrative Law Judge Marian H. Tully found the challenge timely and granted it under Government Code section 11425.40 and California Code of Regulations, title 1, section 1034.
Why it matters
A party can remove an assigned ALJ once without giving a reason, as long as the peremptory challenge is filed on time.
Key authority cited
- Gov. Code § 11425.40, subds. (a), (d)
- Cal. Code Regs., tit. 1, § 1034, subd. (c)
People named in the order
- Clifford H. Woosley, Administrative Law Judge (challenged)
- Marian H. Tully, 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. 2017120839 v. ORDER GRANTING PEREMPTORY
CHALLENGE
VICTOR VALLEY UNION HIGH
SCHOOL DISTRICT.
On January 22, 2018, Student filed a peremptory challenge seeking to disqualify Administrative Law Judge Clifford H. Woosley from hearing this case.
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).
IT IS SO ORDERED.
DATE: January 23, 2018
MARIAN H. TULLY
Presiding Administrative Law Judge Office of Administrative Hearings