California OAH special education order · April 4, 2018
Order Granting Peremptory Challenge
OAH Case No. 2018021003 · ALJ Cynthia Fritz
OAH granted District's peremptory challenge to ALJ Theresa Ravandi because it was timely, kept all scheduled dates, and said a new ALJ will be assigned.
This case went to decision
Student v. Greenfield Union School District: Greenfield Union School District prevails on all four claims over a three-day exclusion, eligibility listing, transportation, and daily notes. (2018)
Summary
Greenfield Union School District filed a peremptory challenge to remove the assigned ALJ, Theresa Ravandi, without having to show cause. OAH explained that each party gets one such challenge. The challenge must be made before the hearing starts, and before the prehearing conference begins if an ALJ is already assigned by then. Because District's challenge was timely, OAH granted it, kept all dates on calendar, and said a new ALJ would be assigned.
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, and using it does not delay the scheduled dates.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Theresa Ravandi, Administrative Law Judge (challenged)
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. 2018021003 v. ORDER GRANTING PEREMPTORY
CHALLENGE
GREENFIELD UNION SCHOOL
DISTRICT.
On April 3, 2018, Greenfield Union School District filed a notice of peremptory challenge to Administrative Law Judge Theresa Ravandi in the above captioned matter.
District’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).)
District’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. District’s challenge of ALJ Theresa Ravandi is granted.
2. All dates previously set will remain on calendar and a new ALJ will be assigned to
the matter.
IT IS SO ORDERED.
DATE: April 04, 2018
CYNTHIA FRITZ
Administrative Law Judge Office of Administrative Hearings