California OAH special education order · March 14, 2022
Order Denying Student's Peremptory Challenge
OAH Case No. 2021100153, 2021090782 · ALJ Peter Paul Castillo
OAH denied Student's peremptory challenge to ALJ Alexa Hohensee because it was untimely, made after the deadline set by the regulations.
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
Student filed a peremptory challenge, which is a request to remove the assigned judge without giving a reason, against ALJ Alexa Hohensee in these consolidated cases with Irvine Unified School District. Presiding ALJ Peter Paul Castillo denied it as untimely. A peremptory challenge must be made before the hearing starts. If a judge is already assigned at the time of a scheduled prehearing conference, the challenge must be made no later than the start of that conference.
Why it matters
Each party gets only one no-reason challenge to an assigned judge, and it is lost if not used on time. Families should find out who the assigned judge is early, by calling OAH or checking its online calendar, and file any challenge before the prehearing conference begins.
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)
- 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 CONSOLIDATED MATTERS INVOLVING:
PARENT ON BEHALF OF STUDENT,
and
IRVINE UNIFIED SCHOOL DISTRICT,
OAH CASE NUMBER 2021100153
OAH CASE NUMBER 2021090782
ORDER DENYING STUDENT’S PEREMPTORY CHALLENGE
MARCH 14, 2022
On March 14, 2021, 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 was not timely made and is denied pursuant to Government section 11425.40, subdivisions (a) and (d), and California Code of Regulations, title 1, section 1034, subdivision (c). Parties may contact OAH to obtain the name of the assigned ALJ (Cal. Code Regs., tit. 1, § 1034, subd. (f)), or check OAH’s website, https://www.dgs.ca.gov/OAH/Case-Types/Special-Education/Calendar.
ORDER
Student's challenge of ALJ Hohensee is denied.
IT IS SO ORDERED.
Peter Paul Castillo Presiding Administrative Law Judge Office of Administrative Hearings