3/25/19
Due Process of Law
Entails the exercise of governmental power within settled principles of law conducted in such a way so as to safeguard the rights of the individual. More succinctly put… the right of a citizen to be heard and to defend against governmental actions or decisions impinging upon the protected rights or interests of the citizen under the Constitution and/or laws of the United States.
Administrative Proceedings
• The APA does not Subject All Agency Actions to the “Formal” Adjudicative Process contained in Section 554 of the Act • The Underlying Statute MUST require a “Hearing on the Record” to trigger the Formal APA Process • Most Agency Adjudications, thus, are “Informal” and prescribed by Agency Rule
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