California OAH special education order · January 4, 2024
Order Granting Peremptory Challenge
OAH Case No. 2023100346 · ALJ Joy Redmon
OAH granted Manhattan Beach's peremptory challenge to ALJ Penelope Pahl as timely because she was assigned only after the prehearing conference held by a different ALJ; the case was reassigned to ALJ Cararea Lucier.
This case went to decision
Student v. Manhattan Beach Unified School District: Manhattan Beach Unified must train administrators after delaying an assessment plan; tuition reimbursement and twelve other claims denied. (2024)
Summary
Manhattan Beach filed a peremptory challenge, which is a request to remove an ALJ without giving a reason, against ALJ Penelope Pahl. ALJ Ashok Pathi had held the prehearing conference on December 29, 2023. The case moved to ALJ Pahl afterward because ALJ Pathi was unavailable. Because ALJ Pahl was not assigned at the time of the prehearing conference and the hearing had not started, OAH found the challenge timely, granted it, and reassigned the case to ALJ Cararea Lucier.
Why it matters
Each party gets one peremptory challenge. The deadline is normally the start of the prehearing conference, but if a new ALJ is assigned after that conference, a party can still challenge the new ALJ before the hearing begins.
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
- Penelope Pahl, Administrative Law Judge (challenged)
- Ashok Pathi, Administrative Law Judge (conducted prehearing conference)
- Cararea Lucier, Administrative Law Judge (newly assigned)
- Joy Redmon, 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.
MANHATTAN BEACH UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2023100346
ORDER GRANTING PEREMPTORY CHALLENGE
JANUARY 4, 2024
On January 4, 2024, Manhattan Beach filed a notice of peremptory challenge to Administrative Law Judge Penelope Pahl in the above captioned matter. Manhattan Beach’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).)
The prehearing conference was conducted by ALJ Ashok Pathi on December 29,
2023. Subsequently, the matter was moved to ALJ Pahl due to ALJ Pathi’s unavailability.
Accordingly, Manhattan Beach’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 Cararea Lucier.
IT IS SO ORDERED.
Joy Redmon Presiding Administrative Law Judge Office of Administrative Hearings