Section 5.41 Procedural Due Process

• Library: Criminal Practice 2012 Supp

2. (§5.41) Procedural Due Process

In the absence of statutory authority, a defendant in an administrative proceeding is entitled to minimum due process. In Goldberg v. Kelly, 397 U.S. 254, 267–68 (1970), the Supreme Court has held these minimum requirements to include:

· timely and adequate notice to the defendant; · an effective opportunity to defend by confronting adverse witnesses and presenting defendant’s own...