04010325 - Level III

11/10/22

Due Process of Law Due Process entails the exercise of governmental power within seled principles of law conducted in such a way so as to safeguard the rights of the individual. More succinctly put… the right of a cizen to be heard and to defend against governmental acons or decisions impinging upon the protected rights or interests of the cizen under the Constuon and/or laws of the United States.

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• The APA does not Subject All Agency Acons to the “Formal” Adjudicave Process contained in Secon 554 of the Act • The Underlying Statute MUST require a “Hearing on the Record” to trigger the Formal APA Process • Most Agency Adjudicaons, thus, are “Informal” and prescribed by Agency Rule

Administrave Proceedings

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