11/10/22
The Right to Hearing
• The 5 th and 14 th Amendments of the U.S. Cons5tu5on guarantee all ci5zens the right to “Due Process of Law” when government ac5ons deprive a ci5zen of life, liberty, or property. • This principle is applicable to ac5ons of tribal governments by means of the Indian Civil Rights Act of 1968. 25 U.S.C. § 1301
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Trial v. Administra@ve Hearing
At the Same Time, Both Trials and Administra6ve Proceedings are Governed by the Same Cons6tu6onal 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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