California OAH special education order · September 29, 2022
Order Granting Peremptory Challenge
OAH Case No. 2022080622, 2022090289 · ALJ Joy Redmon
OAH granted Corona-Norco's timely peremptory challenge to ALJ Marlo Nisperos and reassigned the consolidated matters to ALJ Christine Arden.
This case went to decision
Student v. Corona-Norco Unified School District (consolidated): Corona-Norco Unified cannot move autistic seventh grader to Life Skills class over parent objection; must reconvene IEP within 30 days. (2022)
Summary
Corona-Norco filed a peremptory challenge to remove the assigned ALJ, Marlo Nisperos, without stating a cause. Each party gets one such challenge if it is made before the hearing begins, or before the prehearing conference if an ALJ is already assigned. OAH found the challenge timely, granted it, and reassigned the consolidated cases to ALJ Christine Arden.
Why it matters
Each side in an OAH case gets one no-reason challenge to the assigned judge, but only if it is filed before the prehearing conference or hearing begins. Parents should decide early whether to use theirs.
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
- Marlo Nisperos, Administrative Law Judge (challenged)
- Christine Arden, 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
CORONA-NORCO UNIFIED SCHOOL DISTRICT,
OAH CASE NUMBER 2022080622
OAH CASE NUMBER 2022090289
ORDER GRANTING PEREMPTORY CHALLENGE
SEPTEMBER 29, 2022
On September 29, 2022, Corona-Norco filed a notice of peremptory challenge to Administrative Law Judge Marlo Nisperos in the above captioned matter.
Corona-Norco’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).)
Corona-Norco’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). The matter is now assigned to ALJ Christine Arden.
IT IS SO ORDERED.
Joy Redmon Presiding Administrative Law Judge Office of Administrative Hearings