11/12/21
The Right to Hearing
• The 5 th and 14 th Amendments of the U.S. Constitution guarantee all citizens the right to “Due Process of Law” when government actions deprive a citizen of life, liberty, or property. • This principle is applicable to actions of tribal governments by means of the Indian Civil Rights Act of 1968. 25 U.S.C. § 1301
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Trial v. Administrative Hearing
At the Same Time, Both Trials and Administrative Proceedings are Governed by the Same Constitutional Principles of Fundamental Fairness and Due Process of Law
An Administrative Hearing is Typically a Significantly less Formal Proceeding than a Trial in a Court of Law
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