California OAH special education order · November 6, 2025
Order Granting Peremptory Challenge
OAH Case No. 2025090701 · ALJ Cole Dalton
OAH granted Sonoma Valley's timely peremptory challenge to ALJ Jeanie Min, reassigned the case to ALJ Gilmartin, and kept all scheduled dates on calendar.
This case went to decision
Student v. Sonoma Valley Unified School District: Sonoma Valley Unified properly graduated a student with autism with a regular diploma and ended services; all claims denied. (2026)
Summary
Sonoma Valley Unified School District filed a peremptory challenge, which is a request to disqualify an ALJ without giving a reason, to ALJ Jeanie Min. Presiding ALJ Cole Dalton explained that each party gets one such challenge. It must be made before the hearing starts, and if an ALJ is already assigned when a prehearing conference is scheduled, it must be made no later than the start of that conference. OAH found the challenge timely, granted it, reassigned the case to ALJ Gilmartin, and left all scheduled dates in place.
Why it matters
Each side gets one no-reason challenge to the assigned ALJ, but it must be filed on time, generally before the prehearing conference. Using it does not delay the hearing dates.
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
- Jeanie Min, Administrative Law Judge (challenged)
- Gilmartin, Administrative Law Judge (newly assigned)
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.
SONOMA VALLEY UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2025090701
ORDER GRANTING PEREMPTORY CHALLENGE
NOVEMBER 6, 2025
On November 6, 2025, Sonoma Valley Unified School District filed a notice of peremptory challenge with OAH to Administrative Law Judge Jeanie Min. An Administrative Law Judge is called ALJ. Sonoma Valley’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).)
Sonoma Valley’s peremptory challenge of ALJ Min 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 case is now assigned to ALJ Gilmartin and all scheduled dates remain on calendar.
IT IS SO ORDERED.
Cole Dalton Presiding Administrative Law Judge Office of Administrative Hearings