Section 4 Due Process Considerations

• Library: Administrative Law 2011

The fundamental requirement of due process is the right to be heard
at a meaningful time in a meaningful manner. Jamison v. State, Dep’t
of Soc. Servs., Div. of Family Servs., 218 S.W.3d 399, 405 (Mo. banc 2007) (citing Mathews v. Eldridge, 424 U.S. 319, 333 (1976)). The touchstone of due process is a process characterized by fair play. See Clark v. Bd. of Dirs. of Sch. Dist. of Kansas City, 915 S.W.2d 766, 772
(Mo. App. W.D. 1996) (“Due process requires that administrative hearings afford parties a fair hearing and contain rudimentary elements of fair play.”); Mikel v. Pott Indus./St. Louis Ship, 910 S.W.2d 323, 327
(Mo. App. E.D. 1995). The right to a meaningful hearing includes the ability to call witnesses. See:

Weinbaum v. Chick, 223 S.W.3d 911, 913–14 (Mo. App. S.D. 2007)

Greater Garden Ave. Area Ass’n v. City of Webster Groves,
655 S.W.2d 760, 764 (Mo. App. E.D. 1983)

State ex rel. Fischer v. Pub. Serv. Comm’n of Mo., 645 S.W.2d 39, 43 (Mo. App. W.D. 1982)

But when the government action is investigative instead of adjudicative, the agency is not required to “provide the full panoply of judicial procedures.” Artman v. State Bd. of...