California OAH special education order · October 17, 2025
Order Granting Peremptory Challenge
OAH Case No. 2025070664 · ALJ Joy Redmon
OAH granted Student's peremptory challenge to ALJ Charles Marson as timely because the case was reassigned to him after the prehearing conference, and reassigned the case to ALJ Cynthia Fritz.
This case went to decision
Student v. Fremont Union High School District: Fremont Union must reinstate a student's special education eligibility after exiting her without an IEP meeting; notice claim denied. (2025)
Summary
Student filed a peremptory challenge, which is a request to remove a judge without giving a reason, against ALJ Charles Marson. A challenge usually must be made by the start of the prehearing conference if an ALJ is already assigned. Here the case was moved to ALJ Marson only after the prehearing conference, so the challenge was timely. OAH granted it, reassigned the case to ALJ Cynthia Fritz, and kept all scheduled dates on calendar.
Why it matters
Each party gets one challenge to an assigned ALJ without stating a reason. If OAH reassigns the case after the prehearing conference, a party can still use that challenge against the new ALJ before the hearing starts.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Charles Marson, Administrative Law Judge (challenged)
- Cynthia Fritz, 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.
FREMONT UNION HIGH SCHOOL DISTRICT.
OAH CASE NUMBER 2025070664
ORDER GRANTING PEREMPTORY CHALLENGE
OCTOBER 17, 2025
On October 16, 2025, Student filed a notice of peremptory challenge with the Office of Administrative Hearings, called OAH, to Administrative Law Judge Charles Marson. An Administrative Law Judge is called ALJ. 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, 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).)
This matter was moved to ALJ Marson after the prehearing conference.
Accordingly, the peremptory challenge is timely and GRANTED. The case is now assigned to ALJ Cynthia Fritz and all scheduled dates remain on calendar.
IT IS SO ORDERED.
Joy Redmon Presiding Administrative Law Judge Office of Administrative Hearings