California OAH special education order · September 23, 2022
Order Granting Peremptory Challenge
OAH Case No. 2022060225 · ALJ Margaret Gibson
OAH granted Student's timely peremptory challenge to ALJ C. Dalton and reassigned the case to ALJ B. Krikorian, keeping all previously set dates on calendar.
This case went to decision
Student v. San Dieguito Union High School District: San Dieguito Union must fund about 11 hours of compensatory services for its late assessment plan; three other claims denied. (2022)
Summary
Student filed a peremptory challenge, a request to disqualify an ALJ without having to show cause, against ALJ C. Dalton. Presiding ALJ Margaret Gibson found the challenge timely under Government Code section 11425.40 and California Code of Regulations, title 1, section 1034, and granted it. The case was reassigned to ALJ B. Krikorian, and all previously set dates stayed on calendar.
Why it matters
Each party gets one peremptory challenge to an assigned ALJ, but it must be filed before the prehearing conference begins if an ALJ is already assigned, and never after the hearing starts. Granting the challenge does not delay the case.
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)
- B. 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 MATTER OF:
PARENTS ON BEHALF OF STUDENT,
v.
SAN DIEGUITO UNION HIGH SCHOOL DISTRICT.
OAH CASE NUMBER 2022060225
ORDER GRANTING PEREMPTORY CHALLENGE
SEPTEMBER 23, 2022
On September 23, 2022, Student 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 B. Krikorian.
ORDER
1. Student’s challenge of ALJ C. Dalton granted.
2. All dates previously set in this matter will remain on calendar.
IT IS SO ORDERED.
Margaret Gibson (Sep 23, 2022 11:57 PDT)
Margaret Gibson Presiding Administrative Law Judge Office of Administrative Hearings