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Question Question on: right to formal hearing (trial type)

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princess
Topic Author

6 years 5 months ago #648 by princess

princess created the topic: Question on: right to formal hearing (trial type)

If respondent in her/his formal charge opted to choose a formal hearing to confront witnesses, is her/his right to due process violated when the disciplining authority denies the same, as the witnesses are in jail? May disciplining authority invoke that trial-type is not necessary or essential as long as it has given the respondent the right to be heard his/her comment to the show cause order/complaint and through answering the formal charge? Is it the disciplining authority's/hearing officer's discretion to grant or not a trial type of hearing even if the respondent placed the same in his/her answer? thanks.

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Action Officer 18
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6 years 5 months ago #656 by Action Officer 18

Action Officer 18 replied the topic: Question on: right to formal hearing (trial type)

Due process, as a constitutional precept, does not always and in all situations require a trial-type proceeding. It is satisfied when a person is notified of the charge against him and given an opportunity to explain or defend himself. In administrative proceedings, the filing of charges and giving reasonable opportunity for the person so charged to answer the accusations against him constitute the minimum requirements of due process. More often, this opportunity is conferred through written pleadings that the parties submit to present their charges and defenses. But as long as a party is given the opportunity to defend his or her interests in due course, said party is not denied due process.

The denial of a request for a formal investigation is not tantamount to a denial of /his/her right to due process. The essence of due process in administrative proceedings is the opportunity to explain one’s side or seek a reconsideration of the action or ruling complained of. As long as the parties are given the opportunity to be heard before judgment is rendered, the demands of due process are sufficiently met

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