Procedural Due Process Flashcards

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1
Q

what process does procedural due process require

A

notice; opportunity to be heard and a neutral decisionmaker

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2
Q

notice for procedural due proceess must be?

A

reasonably calculated to inform person of deprivation

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3
Q

hearing for procedural due process must be?

A

determined by a balancing test that weighs: the importance of the interest to the individual and the value of the specific procedural safeguragds to that interest against the gov interest in fiscal and admin efficiency

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4
Q

neutral decision maker for procedural due process must be?

A

free of any actual bias or a serious risk of actual bias

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5
Q
A
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6
Q

are due process rights subject to waiver?

A

yes - if voluntary and made knowingly

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7
Q

gov fees and procedural due process

A

fee must be waived when imposition of a fee would deny fundamental right to indigent

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