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
In no event will a peremptory challenge be allowed if it is made
after the Hearing has commenced.
A peremptory challenge shall
(1) Directed to the Presiding
(2) Filed by a
party, attorney or authorized representative;
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
(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
(f) A party may
contact OAH to determine the name of the ALJ assigned to the
(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
(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.
Cal. Code Regs. Tit. 1, § 1034
Note: Authority cited: Section
Government Code. Reference: Sections
section filed 6-30-97 as an interim regulation pursuant to Government
operative 7-1-97 (Register 97, No. 27). Interim regulations expire on
12-31-98 unless earlier repealed or amended.
regulation, including amendment of subsections (c), (f), (g) and (i),
filed 5-19-98 as a permanent regulation pursuant to Government Code
operative 5-30-98 pursuant to Government Code section
(Register 98, No. 21).
3. Repealer and new section filed
10-13-2004; operative 12-1-2004 (Register 2004, No.