Cal. Code Regs. Tit. 1, § 1034 - Peremptory Challenge

Current through Register 2022 Notice Reg. No. 14, April 8, 2022

(a) Pursuant to section 11425.40(d), a party is entitled to one peremptory challenge (disqualification without cause) of an ALJ assigned to an OAH Hearing. A peremptory challenge is not allowed in proceedings involving petitions or applications for temporary relief or interim order or in a proceeding on reconsideration or remand; and shall not apply to panel members of a Commission on Professional Competence, other than the ALJ, in proceedings under Education Code section 44944. In no event will a peremptory challenge be allowed if it is made after the Hearing has commenced.
(b) A peremptory challenge shall be:
(1) Directed to the Presiding Judge;
(2) Filed by a party, attorney or authorized representative;
(3) Made in writing or orally on the record in substantially the following form:

"I am a party to [CASENAME] and am exercising my right to a peremptory challenge regarding ALJ [NAME], pursuant to Regulation 1034 and Government Code section 11425.40(d)";

(4) Served on all parties if made in writing; and
(5) Filed in compliance with the time requirements of subsections (c), (d), and (e) herein.
(c) If, at the time of a scheduled prehearing conference, an ALJ has been assigned to the Hearing, any challenge to the assigned ALJ shall be made no later than commencement of that prehearing conference.
(d) Except as provided in (c), if the Hearing is to be held at an OAH regional office, the peremptory challenge of the assigned ALJ shall be made no later than 2 business days before the Hearing.
(e) Except as provided in (c), if the Hearing is to be held at a site other than an OAH regional office, the peremptory challenge of the assigned ALJ shall be made by noon on Friday prior to the week in which the Hearing is to commence.
(f) A party may contact OAH to determine the name of the ALJ assigned to the Hearing.
(g) A Hearing shall not be continued by reason of a peremptory challenge unless a continuance is required for the convenience of OAH. If continued, the Hearing shall be rescheduled to the first convenient date for OAH.
(h) Nothing in this regulation shall affect or limit the provisions of a challenge for cause under sections 11425.40, 11430.60 and 11512(c) or any other applicable provisions of law.

Notes

Cal. Code Regs. Tit. 1, § 1034

Note: Authority cited: Section 11370.5(b), Government Code. Reference: Sections 11425.40, 11430.60 and 11512(c), Government Code.

1. New section filed 6-30-97 as an interim regulation pursuant to Government Code section 11400.20; operative 7-1-97 (Register 97, No. 27). Interim regulations expire on 12-31-98 unless earlier repealed or amended.
2. Interim regulation, including amendment of subsections (c), (f), (g) and (i), filed 5-19-98 as a permanent regulation pursuant to Government Code section 11400.20; operative 5-30-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 21).
3. Repealer and new section filed 10-13-2004; operative 12-1-2004 (Register 2004, No. 42).

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