California OAH special education order · April 3, 2019
Order Granting Peremptory Challenge
OAH Case No. 2019020827 · ALJ Joy Redmon
OAH granted Lucia Mar's peremptory challenge to Administrative Law Judge Penelope Pahl because the challenge was timely and each party is entitled to one challenge without cause.
This case went to decision
Lucia Mar Unified School District v. Student: Lucia Mar Unified fails to prove its fall 2018 IEP for a 20-year-old offered a FAPE; the IEP cannot be implemented without Parent's consent. (2019)
Summary
Lucia Mar Unified School District filed a peremptory challenge to the assigned judge, Administrative Law Judge Penelope Pahl. A party may disqualify one assigned judge without giving a reason, as long as it does so before the hearing begins and, if a judge is already assigned, before the prehearing conference starts. Presiding Administrative Law Judge Joy Redmon found the challenge timely and granted it.
Why it matters
Each side gets one chance to remove an assigned judge without giving a reason. The challenge must be made before the prehearing conference or the hearing begins, so parents should decide early whether to use it.
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
- Penelope Pahl, Administrative Law Judge (challenged)
- 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:
LUCIA MAR UNIFIED SCHOOL OAH Case No. 2019020827
DISTRICT,
ORDER GRANTING PEREMPTORY
v. CHALLENGE
PARENT ON BEHALF OF STUDENT.
On April 3, 2019, Lucia Mar Unified School District filed a notice of peremptory challenge to Administrative Law Judge Penelope Pahl in the above captioned matter. Lucia Mar’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).)
Lucia Mar’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: April 3, 2019
JOY REDMON
Presiding Administrative Law Judge Office of Administrative Hearings