Administrative Law Outline II

Administrative Law Outline II - Admin Law II The...

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Admin Law II The Constitutional Right to a Hearing Due Process and Mass Justice 1. Constitutional/Procedural due process requires that federal and state governments provide notice and a hearing before taking an action that deprives an individual of liberty or property. An impartial decision maker is also required. a. Procedural due process is not applicable unless one is being deprived of something to which he has a right(not just a privilege) i. Bailey v. Richardson US govt job considered a privilege, not a right – changed now ii. rights v. privileges distinction changed to liberty or property interest at stake (nature of interest) b. G OLDBERG V K ELLY 1. Facts- New York terminated welfare assistance to Kelly because it had been reported that she had a live-in male friend. New York provided for a two step administrative procedure for the termination of welfare. The first step was an informal hearing in which the welfare recipient could tell their side of the story. If the state, at this time, decided that the person no longer qualified for welfare, the state would immediately terminate the welfare payments. The recipient could then seek a de novo, formal administrative hearing. This hearing would restore the person’s welfare payments if they were found to have been erroneously terminated. 2. Issue- Was Kelly denied due process 3. Held- Yes 4. Reasoning a. Welfare benefits are a matter of statutory entitlement for persons qualified to receive them, and procedural due process is applicable to their termination. i. Once granted to recipients, they are a “right” b. . This is indeed a type of (very important) property--an entitlement granted by statute to qualifying people. And one they no doubt depend upon heavily . c. A pre-termination evidentiary hearing is necessary to provide the welfare recipient with procedural due process. A “fair hearing” before denial should be granted d. Need a hearing with notice, oral testimony/cross-exams, right to counsel, impartial decision-maker, record. DOesn't have to be a formal trial; says the court. e. Dissent i. Black says this will make agencies more hesitant to put people on the roles, may actually do more harm than good. Procedure at the back or at the from this is a trade off. ii. These hearings will sap finite resources and just make states reluctant to put people on welfare in the first place.
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Admin Law II b. When an interest becomes a protectable right i. Federal and state governments must provide notice and a hearing before taking action that deprives an individual of liberty or property ii. B OARD OF R EGENTS V R OTH - No liberty or property at issue 1. Facts- State U. hires new professor for 1 yr. K: 1 yr. term, no reasons need be given for not renewing. Roth is not brought back for another year. Roth claims a first amendment issue (he says he was fired for vocalizing opinions) and also that his dismissal was a violation of due process: should’ve been given reasons for firing and opportunity for hearing. Respondent
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Administrative Law Outline II - Admin Law II The...

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