California OAH special education order · February 9, 2026
Order Denying Peremptory Challenge
OAH Case No. 2025101020 · ALJ Joy Redmon
OAH denied Student's peremptory challenge to ALJ Tiffany Gilmartin as untimely because, for a virtual hearing, the challenge was due by noon on Friday, February 6, 2026, but was filed February 9.
This case went to decision
Student v. Temecula Valley Unified School District: Temecula Valley Unified denied FAPE by never filing to exit a student from special education; reimbursement, services, and training ordered. (2026)
Summary
Student filed a peremptory challenge on February 9, 2026, seeking to remove ALJ Tiffany Gilmartin. ALJ Gilmartin had been assigned at 8:30 a.m. on Friday, February 6, 2026, after the original ALJ became unavailable. OAH's public calendar was updated at that time, and the case manager also called both parties at 9:26 a.m. Because the hearing is virtual, which counts as a site other than an OAH regional office, any challenge was due by noon that Friday, so OAH denied the challenge and kept all dates on calendar.
Why it matters
OAH treats its public calendar as official notice when an ALJ is reassigned, and the deadline for challenging the ALJ in a virtual hearing is noon on the Friday before the hearing. Families should check the calendar often and be ready to file a challenge quickly, even when the reassignment happens the same morning.
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
- Tiffany Gilmartin, Assigned Administrative Law Judge (challenged)
- Ravandi, Administrative Law Judge originally assigned for prehearing conference
- 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.
TEMECULA VALLEY UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2025101020
ORDER DENYING PEREMPTORY CHALLENGE
FEBRUARY 9, 2026
On February 9, 2026, Student filed a notice of peremptory challenge with the Office of Administrative Hearings, called OAH, to Administrative Law Judge Tiffany Gilmartin. An Administrative Law Judge is called ALJ. Student’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).)
This matter was originally assigned to ALJ Ravandi for the prehearing conference.
Thereafter, she became unavailable. The matter was assigned to ALJ Gilmartin at 8:30 AM on Friday, February 6, 2026. OAH’s public calendar was updated at that time. The calendar is official notice of the ALJ reassignment. As an additional courtesy, however, the case docket reflects that the case manager placed telephone calls to both parties at 9:26 AM notifying them of the change. This hearing is scheduled virtually, thus at a site other than an OAH regional office. As such, any peremptory challenge was due by noon on Friday, February 6, 2026. Student’s challenge is not timely made and is denied pursuant to Government section 11425.40, subdivisions (a) and (d), and California Code of Regulations, title 1, section 1034, subdivision (c).
Student’s peremptory challenge of ALJ Gilmartin is DENIED. All scheduled dates remain on calendar.
IT IS SO ORDERED.
Joy Redmon Presiding Administrative Law Judge Office of Administrative Hearings