California OAH special education order · September 19, 2019
Order Granting Peremptory Challenge
OAH Case No. 2019050500 · ALJ Marian H. Tully
OAH granted Oxnard Union High School District's timely peremptory challenge to ALJ Christine Arden and reassigned the case to ALJ Cole Dalton, keeping all existing dates on calendar.
This case went to decision
Student v. Oxnard Union High School District: Oxnard Union High School District offered appropriate behavior supports and placement to a ninth grader with autism; all claims denied. (2019)
Summary
On September 16, 2019, Oxnard Union High School District filed a peremptory challenge to ALJ Christine Arden. The challenge was a request to remove the judge without having to show cause. Presiding ALJ Marian H. Tully found the challenge timely under Government Code section 11425.40 and California Code of Regulations, title 1, section 1034, and granted it. ALJ Cole Dalton was assigned, and all previously set dates remain in place.
Why it matters
Each party gets one peremptory challenge to remove an assigned ALJ without giving a reason. It must be filed before the prehearing conference begins, or before the hearing begins if no prehearing conference has been held, and the case schedule usually stays the same.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Christine Arden, Administrative Law Judge (challenged)
- Cole Dalton, Administrative Law Judge (newly assigned)
- Marian H. Tully, 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,
v.
OXNARD UNION HIGH SCHOOL DISTRICT.
OAH CASE NUMBER 2019050500
ORDER GRANTING PEREMPTORY CHALLENGE
On September 16, 2019, Oxnard Union High School District, filed a notice of peremptory challenge to Administrative Law Judge Christine Arden in the above captioned matter. Student’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. (Cal. Code Regs., tit. 1, § 1034, subd. (a).)
Oxnard Union High School 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. Oxnard Union High School District’s challenge of ALJ Christine Arden is
granted.
2. All dates previously set in this matter will remain on calendar. ALJ Cole
Dalton assigned.
DATED: September 19, 2019 Marian H. Tully Presiding Administrative Law Judge Office of Administrative Hearings