California OAH special education order · February 21, 2020
Order Granting Student's Peremptory Challenge
OAH Case No. 2020010176 · ALJ Peter Paul Castillo
OAH granted Student's timely peremptory challenge to ALJ Alexa Hohensee and reassigned the case to ALJ Kara Hatfield, keeping all dates but moving the prehearing conference to 3:00 PM.
This case went to decision
Student v. Chaffey Joint Union High School District: Chaffey Joint Union High School District prevails on all eight claims involving a newcomer English learner found not eligible. (2020)
Summary
Student filed a peremptory challenge, which is a request to remove the assigned judge without giving a reason, against ALJ Alexa Hohensee. OAH explained that each party gets one such challenge. It must be made before the hearing starts, and no later than the start of the prehearing conference if a judge has already been assigned. Because Student's challenge was timely, OAH granted it and reassigned the case to ALJ Kara Hatfield. All existing dates stayed in place, except that the prehearing conference will now begin at 3:00 PM.
Why it matters
Each party gets one chance to remove an assigned ALJ without stating a reason. The challenge must be filed by the start of the prehearing conference if a judge is already assigned, so families should decide quickly 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
- Alexa Hohensee, Administrative Law Judge (challenged)
- Kara Hatfield, Administrative Law Judge (newly assigned)
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 2020010176
ORDER GRANTING STUDENT’S PEREMPTORY CHALLENGE
FEBRUARY 21, 2020
On February 21, 2020, Student filed a notice of peremptory challenge to Administrative Law Judge Alexa Hohensee 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 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. Student 's challenge of ALJ Hohensee is granted. Matter now assigned to
ALJ Kara Hatfield.
2. All dates previously set in this matter will remain on calendar, except that
Prehearing Conference will begin at 3:00 PM.
IT IS SO ORDERED.
Peter Paul Castillo Presiding Administrative Law Judge Office of Administrative Hearings