Doctrine
Administrative Due Process
Commonly associated with Ang Tibay v. Court of Industrial Relations
Administrative due process requires basic fairness in agency or tribunal proceedings even when technical court rules do not strictly apply.
Study notes
Key points
A party should have a meaningful opportunity to be heard.
Findings should rest on evidence in the record.
The decision-maker should explain the basis of the decision.
Doctrine
How to answer an essay
Start with the nature of the proceeding, identify the protected interest, then test whether the party received basic fairness.
- Was there notice?
- Was there an opportunity to explain or present evidence?
- Was the decision supported by evidence?
- Was the ruling grounded on the record?
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