California OAH special education order · March 9, 2023
Order Granting District's Peremptory Challenge
OAH Case No. 2022120744, 2022070352 · ALJ Margaret Gibson
OAH granted Travis Unified's peremptory challenge to ALJ T. Ravandi because it was timely, and reassigned the consolidated matters to ALJ L. Gorsline with all dates kept on calendar.
This case went to decision
Student v. Travis Unified School District (consolidated): Travis Unified prevails on all claims; exit from special education upheld and March 2022 behavior assessment found appropriate. (2023)
Summary
Travis Unified School District filed a peremptory challenge to remove Administrative Law Judge T. Ravandi from the consolidated cases. Each party gets one challenge without cause. The challenge must be made before the hearing starts and, if an ALJ is already assigned, no later than the start of the prehearing conference. OAH found the challenge timely, granted it, reassigned the matters to ALJ L. Gorsline, and kept all previously set dates.
Why it matters
Each side gets one chance to remove an assigned ALJ without giving a reason, but only if it acts before the prehearing conference or hearing begins. Using the challenge does not delay the hearing dates.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- T. Ravandi, Administrative Law Judge (challenged)
- L. Gorsline, Administrative Law Judge (reassigned)
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,
v.
TRAVIS UNIFIED SCHOOL DISTRICT,
OAH CASE NUMBER 2022120744
OAH CASE NUMBER 2022070352
ORDER GRANTING DISTRICT’S PEREMPTORY CHALLENGE
March 9, 2023 On March 9, 2023, Travis Unified School District filed a notice of peremptory challenge to Administrative Law Judge T. Ravandi 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 L. Gorsline.
ORDER
1. District's challenge of ALJ T. Ravandi is granted.
2. All dates previously set in this matter will remain on calendar.
IT IS SO ORDERED.
Margaret Gibson Presiding Administrative Law Judge Office of Administrative Hearings