California OAH special education order · January 24, 2022
Order Granting Peremptory Challenge
OAH Case No. 2021100153, 2021090782 · ALJ Margaret Gibson
OAH granted District's peremptory challenge to ALJ C. Dalton as timely and reassigned the consolidated case to ALJ A. Krikorian, keeping all existing dates on calendar.
This case went to decision
Student v. Irvine Unified School District (consolidated): Irvine Unified must provide 35 hours of tutoring for a missing IEP in fall 2020; residential placement and other claims denied. (2022)
Summary
On January 21, 2022, District filed a peremptory challenge to remove Administrative Law Judge C. Dalton from these consolidated cases. A peremptory challenge lets a party disqualify an ALJ without giving a reason. Each party gets one, and it must be made before the hearing starts, or before the prehearing conference if an ALJ is already assigned by then. OAH found the challenge timely, granted it, reassigned the matter to ALJ A. Krikorian, and kept all previously set dates.
Why it matters
Each side gets one no-reason challenge to the assigned ALJ, but only if it is filed on time, before the prehearing conference or hearing begins. Reassignment does not move the hearing dates.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- C. Dalton, Administrative Law Judge (challenged)
- A. Krikorian, Administrative Law Judge (reassigned)
- Margaret Gibson, 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 CONSOLIDATED MATTERS INVOLVING:
PARENT ON BEHALF OF STUDENT,
and
IRVINE UNIFIED SCHOOL DISTRICT,
OAH CASE NUMBER 2021100153
OAH CASE NUMBER 2021090782
ORDER GRANTING PEREMPTORY CHALLENGE
JANUARY 24, 2022
On January 21, 2022, District filed a notice of peremptory challenge to Administrative Law Judge C. Dalton in the above captioned matter. The 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).)
The 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). The matter is reassigned to ALJ A. Krikorian.
ORDER
1. The challenge of ALJ Dalton is granted.
2. All dates previously set in this matter will remain on calendar
IT IS SO ORDERED.
Margaret Gibson (Jan 24, 2022 09:43 PST)
Margaret Gibson Presiding Administrative Law Judge Office of Administrative Hearings