California OAH special education order · January 3, 2025

Order Denying District's Peremptory Challenge

OAH Case No. 2024110598 · ALJ Tara Doss

OAH denied Del Norte's peremptory challenge to ALJ Cara Lucier as untimely because the District filed it after the noon Friday deadline before a videoconference hearing.

Denied Peremptory challenges

This case went to decision

Del Norte County Unified School District v. Student: Del Norte County Unified's preschool functional behavior assessment upheld; no independent evaluation at public expense ordered. (2025)

Summary

Del Norte County Unified School District filed a peremptory challenge, meaning a request to disqualify an ALJ without giving a reason, against newly assigned ALJ Cara Lucier. OAH reassigned the case to ALJ Lucier on Thursday, January 2, 2025, and called the parties that afternoon to tell them. Because the hearing was set by videoconference rather than at an OAH regional office, the challenge was due by noon on Friday, January 3. Del Norte filed after noon, so OAH denied the challenge, and ALJ Lucier and all hearing dates stay in place.

Why it matters

The deadline for a peremptory challenge is strict and depends on where the hearing is held: noon on the Friday before a hearing held anywhere other than an OAH regional office. Even a reassignment made one day earlier does not extend that deadline.

Key authority cited

  • Gov. Code, § 11425.40, subd. (d)
  • Cal. Code Regs., tit. 1, § 1034

People named in the order

  • Cara Lucier, Administrative Law Judge (challenged)
  • Chris Butchko, Administrative Law Judge (prehearing conference)

Topics

peremptory challenge alj reassignment timeliness deadline videoconference hearing

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:

DEL NORTE COUNTY UNIFIED SCHOOL DISTRICT,

v.

PARENTS ON BEHALF OF STUDENT.

OAH CASE NUMBER 2024110598

ORDER DENYING DISTRICT’S PEREMPTORY CHALLENGE

JANUARY 3, 2025

On January 3, 2025, Del Norte County Unified School District filed a notice of peremptory challenge with the Office of Administrative Hearings, called OAH, to Administrative Law Judge Cara Lucier. An Administrative Law Judge is called ALJ. Del Norte’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).)

If the hearing is to be held at an OAH regional office, the peremptory challenge must be made no later than two business days before the hearing. (Cal. Code Regs., tit.

1, § 1034, subd. (d).) If the hearing is to be held at a site other than an OAH regional office, the peremptory challenge must be made by noon on the Friday before the hearing. (Cal. Code Regs., tit. 1, § 1034, subd. (e).)

Del Norte’s peremptory challenge is not timely made and is denied. ALJ Chris Butchko convened a prehearing conference with the parties on December 27, 2024. On Thursday, January 2, 2025, at approximately 12:37 PM, OAH reassigned the case to ALJ Cara Lucier, and the new assignment was simultaneously reflected on OAH’s public calendar. On Thursday, January 2, 2025, at approximately 12:53 PM, OAH called the parties and informed them of ALJ Lucier’s assignment.

Del Norte did not file its peremptory challenge until after noon on Friday, January 3, 2025, nearly 24 hours after being informed of ALJ Lucier’s assignment. The videoconference due process hearing is set to begin on Tuesday, January 7, 2025. Title 1, California Code of Regulations section 1034, subdivision (e) required the parties to file a peremptory challenge by noon on Friday, January 3, 2025. Del Norte did not meet this deadline. Therefore, ALJ Lucier remains assigned to the case and all scheduled dates remain on calendar.

IT IS SO ORDERED.

Tara Doss Presiding Administrative Law Judge Office of Administrative Hearings