California OAH special education order · March 14, 2025
Order of Recusal
OAH Case No. 2024110672, 2024080018 · ALJ Paul H. Kamoroff
ALJ Paul H. Kamoroff recused himself from the consolidated San Dieguito cases, finding recusal would serve the interests of justice and a person aware of the facts might reasonably doubt his impartiality.
Summary
San Dieguito filed a due process case naming Student in July 2024, and Student filed a case against San Dieguito in November 2024. OAH consolidated the two cases and assigned ALJ Paul H. Kamoroff. Without any motion from either side, ALJ Kamoroff recused himself under Code of Civil Procedure section 170.1, subdivision (a)(6)(A). He found that recusal would further the interests of justice and that a person aware of the facts might reasonably doubt his ability to be impartial.
Why it matters
An ALJ can step aside on his own when there is a reasonable doubt about impartiality, under the same disqualification rules that apply to judges. The order does not say what facts led to the recusal.
Key authority cited
- Code Civ. Proc. § 170.1, subd. (a)(6)(A)
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 MATTER OF:
PARENTS ON BEHALF OF STUDENT,
v.
SAN DIEGUITO UNION HIGH SCHOOL DISTRICT.
OAH CASE NUMBER 2024110672
OAH CASE NUMBER 2024080018
ORDER OF RECUSAL
MARCH 14, 2025
On July 30, 2024, San Dieguito Union High School District, called San Dieguito, filed with the Office of Administrative Hearings, called OAH, a Request for Due Process Hearing in OAH case number 2024080018, naming Student. On November 19, 2024, Student filed a Request for Due Process Hearing in OAH case number 2024110672, naming San Dieguito.
On November 21, 2024, OAH granted Student’s request to consolidate the cases.
OAH assigned Administrative Law Judge Paul H. Kamoroff to the prehearing conference and due process hearing for this matter. The Administrative Law Judge is called an ALJ.
California Code of Civil Procedure section 170.1, subdivision (a)(6)(A) mandates that a judge shall be disqualified if for any reason:
(i) The judge believes his or her recusal would further the interests of justice.
(ii) The judge believes there is a substantial doubt as to his or her capacity to be impartial.
(iii) A person aware of the facts might reasonably entertain a doubt that the judge would be able to be impartial.
ALJ Kamoroff believes that his recusal would further the interests of justice and a person aware of the facts might reasonably entertain a doubt that ALJ Kamoroff would be able to be impartial. Accordingly, ALJ Kamoroff recuses himself from hearing this matter.
IT IS SO ORDERED.
Paul H Kamoroff Administrative Law Judge Office of Administrative Hearings