California OAH special education order · May 12, 2023
Order Granting Peremptory Challenge
OAH Case No. 2023020691 · ALJ Tara Doss
OAH granted Student's peremptory challenge to ALJ Kara Hatfield because it was timely filed, and kept all previously set hearing dates on calendar.
This case went to decision
Student v. Aspire Public Schools et al.: Aspire charter schools must train IEP staff after missing the start-of-year IEP deadline; 25 other claims denied. (2023)
Summary
Student filed a peremptory challenge, which is a request to disqualify an ALJ without giving a reason, against ALJ Kara Hatfield. Presiding ALJ Tara Doss explained that each party gets one such challenge. It must be made before the hearing starts, and before the prehearing conference if an ALJ is already assigned by then. Because Student's challenge was timely, OAH granted it and left all scheduled dates in place.
Why it matters
Each party gets one no-reason challenge to an assigned ALJ, but it must be filed before the prehearing conference or the hearing begins. Using it 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
- Kara Hatfield, Administrative Law Judge (challenged)
- Tara Doss, 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:
PARENT ON BEHALF OF STUDENT,
v.
ASPIRE PUBLIC SCHOOLS.
OAH CASE NUMBER 2023020691
ORDER GRANTING PEREMPTORY CHALLENGE
MAY 12, 2023
On May 10, 2023, Student filed with the Office of Administrative Hearings, called OAH, a notice of peremptory challenge to Administrative Law Judge Kara Hatfield. An Administrative Law Judge is called ALJ. 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, also called disqualification without cause, to an ALJ assigned to an OAH hearing. (Cal.
Code Regs., tit. 1, § 1034, subds. (a) & (b); Gov. Code, § 11425.40, subd. (d).) A peremptory challenge is not allowed if made after the hearing starts. 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 must be made no later than the start 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 Kara Hatfield is granted.
2. All dates previously set in this matter will remain on calendar.
IT IS SO ORDERED.
Tara Doss Presiding Administrative Law Judge Office of Administrative Hearings