California OAH special education order · June 8, 2020
Order Denying Student's Peremptory Challenge
OAH Case No. 2019090129 · ALJ Peter Paul Castillo
OAH denied Student's peremptory challenge to ALJ Laurie Gorsline as untimely because she had already held a prehearing conference in the case on February 21, 2020.
This case went to decision
Student v. Chaffey Joint Union High School District: Chaffey Joint Union High must fund adapted physical education and assistive technology IEEs and maintain speech therapy; seven claims denied. (2020)
Summary
On June 8, 2020, Student filed a peremptory challenge seeking to disqualify Administrative Law Judge Laurie Gorsline without cause. Presiding ALJ Peter Paul Castillo explained that each party gets one peremptory challenge, but if an ALJ is assigned at the time of a scheduled prehearing conference, the challenge must be made no later than the start of that conference. Because ALJ Gorsline had already held a prehearing conference on February 21, 2020, the challenge was untimely and denied.
Why it matters
A peremptory challenge to an assigned ALJ must be filed before the prehearing conference begins; waiting until afterward forfeits the right to remove the judge without cause.
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
- Laurie Gorsline, Administrative Law Judge (challenged)
- Peter Paul Castillo, 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.
CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT.
OAH CASE NUMBER 2019090129
ORDER DENYING STUDENT’S PEREMPTORY CHALLENGE
JUNE 08, 2020
On June 8, 2020, Student filed a notice of peremptory challenge to Administrative Law Judge Laurie Gorsline 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).)
Student’s peremptory challenge is untimely and denied pursuant to Government section 11425.40, subdivisions (a) and (d), and California Code of Regulations, title 1, section 1034, subdivision (c), as ALJ Gorsline held a prehearing conference in this matter on February 21, 2020.
ORDER
Student's challenge of ALJ Gorsline is denied.
IT IS SO ORDERED.
Peter Paul Castillo Presiding Administrative Law Judge Office of Administrative Hearings