11/10/22
Due Process of Law Due Process entails the exercise of governmental power within seVled principles of law conducted in such a way so as to safeguard the rights of the individual. More succinctly put… the right of a ci,zen to be heard and to defend against governmental ac,ons or decisions impinging upon the protected rights or interests of the ci,zen under the Cons,tu,on and/or laws of the United States.
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• The APA does not Subject All Agency Ac6ons to the “Formal” Adjudica6ve Process contained in Sec6on 554 of the Act • The Underlying Statute MUST require a “Hearing on the Record” to trigger the Formal APA Process • Most Agency Adjudica6ons, thus, are “Informal” and prescribed by Agency Rule
Administra8ve Proceedings
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