California OAH special education order · March 30, 2018
Order Denying Peremptory Challenge
OAH Case No. 2018020255 · ALJ Joy Redmon
OAH denied Santa Rosa's peremptory challenge to ALJ Theresa Ravandi as untimely because it was filed at 12:30 p.m., after the noon Friday deadline before the hearing week.
This case went to decision
Student v. Santa Rosa City Schools: Santa Rosa City Schools must place student with autism and emotional disturbance at Monarch residential center and reimburse $5,500. (2018)
Summary
After Student's peremptory challenge to ALJ Cynthia Fritz was granted and the case was reassigned to ALJ Theresa Ravandi, Santa Rosa filed its own peremptory challenge to ALJ Ravandi at 12:30 p.m. on March 30, 2018. The hearing was set at a site other than an OAH regional office. For such hearings, a challenge must be made by noon on the Friday before the week the hearing starts. Because March 30 was that Friday and Santa Rosa filed after noon, OAH denied the challenge as untimely.
Why it matters
Each side gets one peremptory challenge to an ALJ, but the deadline is strict. When the hearing is held away from an OAH regional office, the challenge must be filed by noon on the Friday before the hearing week, even if the ALJ was assigned only the day before.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Cynthia Fritz, Administrative Law Judge (challenged by Student)
- Theresa Ravandi, Administrative Law Judge (challenged by District)
- Joy Redmon, 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. 2018020255 v. ORDER DENYING PEREMPTORY
CHALLENGE
SANTA ROSA CITY SCHOOLS.
On March 29, 2018, Student filed a notice of peremptory challenge to Administrative Law Judge Cynthia Fritz. On March 29, 2018, the Office of Administrative Hearings granted Student’s motion and notified the parties the matter was reassigned to Administrative Law Judge Theresa Ravandi. On March 30, 2018, at 12:30 p.m., Santa Rosa filed a notice of peremptory challenge to Administrative Law Judge Theresa Ravandi in the above captioned matter. Santa Rosa’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 the Hearing is to be held at a site other than an OAH regional office, the peremptory challenge of the assigned ALJ shall be made by noon on Friday prior to the week in which the Hearing is to commence. (Cal. Code Regs., tit. 1, § 1034, subd. (d).)
/// /// Santa Rosa received notice that ALJ Ravandi was assigned to the matter by close of business on March 29, 2018. The hearing in this matter is scheduled for a site other than an OAH regional office. March 30, 2018, is the Friday before the week in which the hearing in this matter is to commence. Accordingly, Santa Rosa’s peremptory challenge was due by noon on March 30, 2018, and was submitted after that time. Accordingly, Santa Rosa’s peremptory challenge is untimely and DENIED.
IT IS SO ORDERED.
DATE: March 30, 2018
JOY REDMON
Presiding Administrative Law Judge Office of Administrative Hearings