California OAH special education order · June 11, 2018

Order Granting Peremptory Challenge

OAH Case No. 2018050651 · ALJ Joy Redmon

OAH granted Rincon's timely peremptory challenge to ALJ Penelope Pahl and reassigned the case to ALJ Charles Marson, because each party gets one challenge without cause.

Granted Peremptory challenges

This case went to decision

Student v. Rincon Valley Union Elementary School District: Rincon Valley Union's home-instruction offer, made over THC seizure medication concerns, denied a FAPE; campus placement ordered. (2018)

Summary

Rincon Valley Union School District filed a peremptory challenge to the assigned judge, ALJ Penelope Pahl. A peremptory challenge removes a judge without the party having to show a reason. Each party gets one, but it must be filed before the prehearing conference or hearing begins. OAH found Rincon's challenge timely, granted it, and reassigned the case to ALJ Charles Marson.

Why it matters

Either side can remove the assigned ALJ once, without giving a reason, but only if the challenge is filed before the prehearing conference or hearing starts. Parents should check the assigned ALJ early and act quickly if they want to use their challenge.

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)
  • Charles Marson, Administrative Law Judge (newly assigned)
  • Joy Redmon, Presiding Administrative Law Judge

Topics

peremptory challenge alj disqualification reassignment timeliness

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. 2018050651 v. ORDER GRANTING PEREMPTORY

CHALLENGE

RINCON VALLEY UNION

ELEMENTARY SCHOOL DISTRICT.

On June 8, 2018, Rincon Valley Union School District filed a notice of peremptory challenge to Administrative Law Judge Penelope Pahl in the above captioned matter. Rincon’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).)

Rincon’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 assigned to ALJ Charles Marson.

IT IS SO ORDERED.

DATE: June 11, 2018

JOY REDMON

Presiding Administrative Law Judge Office of Administrative Hearings