California OAH special education order · November 13, 2019
Order Denying Student's Peremptory Challenge
OAH Case No. 2019100729 · ALJ Peter Paul Castillo
OAH denied Student's peremptory challenge to ALJ Kara Hatfield as untimely because Student filed it after the November 4, 2019 prehearing conference she had already presided over.
This case went to decision
Greenfield Union School District v. Student: Greenfield Union may implement its August 2019 IEP without Parent's consent after ALJ finds the offer provided FAPE. (2020)
Summary
Student filed a peremptory challenge, which is a request to remove an assigned judge without giving a reason, against ALJ Kara Hatfield in this District-filed case. OAH received it on November 12, 2019. OAH denied the challenge as untimely. When an ALJ is assigned at the time of a scheduled prehearing conference, any peremptory challenge must be made no later than the start of that conference, and ALJ Hatfield had already presided over the November 4, 2019 prehearing conference. Student keeps the right to a peremptory challenge if OAH assigns a different ALJ, and all existing dates stay on calendar.
Why it matters
A party that wants to use its one no-reason challenge to an ALJ must file it before the prehearing conference begins if that ALJ is already assigned. Waiting until after the conference forfeits the challenge for that judge.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Kara Hatfield, 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:
GREENFIELD UNION SCHOOL DISTRICT,
v.
PARENT ON BEHALF OF STUDENT.
OAH CASE NUMBER 2019100729
ORDER DENYING STUDENT’S PEREMPTORY CHALLENGE
On November 9, 2010, Student, filed a notice of peremptory challenge to Administrative Law Judge Kara Hatfield in the above captioned matter, which the Office of Administrative Hearings received on November 12, 2019. 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 of ALJ Hatfield is not timely made and denied as Student made it after the November 4, 2019 Prehearing Conference that ALJ Hatfield presided over, pursuant to California Code of Regulations, title 1, section 1034, subdivision (c). Student will maintain the right to a peremptory challenge if the Office of Administrative Hearings assigns another Administrative Law Judge.
ORDER
1. Student's challenge of ALJ Hatfield is denied.
2. All dates previously set in this matter will remain on calendar.
IT IS SO ORDERED.
DATED: November 13, 2019 Peter Paul Castillo Presiding Administrative Law Judge Office of Administrative Hearings