California OAH special education order · February 12, 2018
Order Granting Student's Peremptory Challenge
OAH Case No. 2017120979 · ALJ Peter Paul Castillo
OAH granted Student's peremptory challenge to ALJ Clifford Woosley because it was made at the start of the prehearing conference, and reassigned the case to ALJ Tara Doss.
This case went to decision
Student v. Alta Loma School District: Alta Loma School District's 84-day delay in filing over a visual processing IEE denied FAPE; only a staff memo ordered. (2019)
Summary
At the start of the prehearing conference, Student made a peremptory challenge to the assigned judge, ALJ Clifford Woosley. A party may disqualify one assigned judge without giving a reason. When a judge is already assigned at the time of a scheduled prehearing conference, the challenge must be made no later than the start of that conference. OAH found the challenge timely, reassigned the matter to ALJ Tara Doss, and kept the existing prehearing conference and hearing dates.
Why it matters
Each party gets one no-reason challenge to the assigned judge. If a judge is already assigned before the prehearing conference, the challenge must be made by the start of that conference or the right is lost.
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)
- Tara Doss, 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 Consolidated Matters of:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2017120979 v.
ALTA LOMA SCHOOL DISTRICT,
ALTA LOMA SCHOOL DISTRICT, OAH Case No.
v. ORDER GRANTING STUDENT’S
PEREMPTORY CHALLENGE
PARENT ON BEHALF OF STUDENT.
On February 12, 2018, Student made at the commencement of the Prehearing Conference a peremptory challenge to Administrative Law Judge Clifford Woosley in the above captioned matter. Student’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).)
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).
ORDER
1. Student’s challenge of ALJ Woosley is granted. Matter is now assigned to
ALJ Tara Doss.
2. The previously set prehearing conference and hearing dates remains as
calendared.
DATE: February 12, 2018
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings