Sept.2020 Level III Training Material

3/25/19

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

• An Administrative Hearing is Typically a Significantly less Formal Proceeding than a Trial in a Court of Law • At the Same Time, Both Trials and Administrative Proceedings are Governed by the Same Constitutional Principles of Fundamental Fairness and Due Process of Law

Trial v. Administrative Hearing

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