California OAH special education order · August 25, 2022
Order Granting Student's Peremptory Challenge
OAH Case No. 2022070678, 2022060843 · ALJ Peter Paul Castillo
OAH granted Student's timely peremptory challenge to ALJ Deborah Myers-Cregar and reassigned the consolidated cases to ALJ Chris Butchko, keeping all previously set dates on calendar.
This case went to decision
Student v. Carmel Unified School District (consolidated): Carmel Unified may not implement its May 2022 IEP without consent; ALJ orders 20 compensatory hours and staff LRE training. (2022)
Summary
Student filed a peremptory challenge to the assigned ALJ, Deborah Myers-Cregar, in these consolidated cases with Carmel Unified School District. Division Chief ALJ Peter Paul Castillo found the challenge timely under Government Code section 11425.40 and California Code of Regulations, title 1, section 1034. He granted it and reassigned the matter to ALJ Chris Butchko. All existing hearing dates stay in place.
Why it matters
Each party gets one no-reason challenge to the assigned ALJ, but it must be filed before the prehearing conference or the hearing begins. Changing judges this way 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
- Deborah Myers-Cregar, Administrative Law Judge (challenged)
- Chris Butchko, 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 CONSOLIDATED MATTERS INVOLVING:
PARENT ON BEHALF OF STUDENT,
and
CARMEL UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2022070678
OAH CASE NUMBER 2022060843
ORDER GRANTING STUDENT’S PEREMPTORY CHALLENGE
AUGUST 25, 2022
On August 25, 2022, Student filed a notice of peremptory challenge to Administrative Law Judge Deborah Myers-Cregar 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 Myers-Cregar is granted. Matter is now
assigned to ALJ Chris Butchko.
2. All dates previously set in this matter will remain on calendar.
IT IS SO ORDERED.
Peter Paul Castillo Division Chief Administrative Law Judge Office of Administrative Hearings