Legal Questions

What are the requisites of administrative due process?

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Requisites of Administrative Due Process

  1. The right to a hearing, which includes the right to present one’s case and submit evidence in support thereof.
  2. The tribunal must consider the evidence presented.
  3. The decision must have something to support itself.
  4. The evidence must be substantial.
  5. The decision must be rendered on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected.
  6. The tribunal or body or any of its judges must act on its or his own independent consideration of the law and facts of the controversy and not simply accept the views of a subordinate in arriving at a decision.
  7. The board or body should, in all controversial questions, render its decision in such a manner that the parties to the proceeding can know the various issues involved, and the reason for the decision rendered.
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