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 1. Adjudication, Formal 
 2. Adjudication, Informal 
 3. Advice, Information 
 4. ADR 
 5. Agency Head 
 6. ALJ 
 7. Bias 
 8. Decisionmaking 
 9. Discretion 
 10. Due Process 
 11. Emergency Decisionmaking 
 12. Evidence 
 13. Hearing Alternatives and Types 
 14. Investigation 
 15. Judicial Review 
 16. Rulemaking 
10. Due Process
balancing test
Due process may mandate that certain individuals be given a hearing right before the agency can act.  There is no one type of due process hearing procedure, rather the agency must balance several factors.  Usually, something less than a full evidentiary hearing is required and the hearing is not required to be error free.  The minimal purpose of the hearing process is to give the individual notice and an opportunity to comment on the agency action.  The comment opportunity need not be in an oral hearing, an opportunity for a writing may be sufficient.
notice and opportunity to respond
Minimal due process requirements are notice and opportunity to respond.  The opportunity to respond does not necessarily mean an oral response, a writing may be sufficient.  These minimal requirements, of course, have no application where a due process procedure is not required or where statutes apply greater obligations.
property, liberty interests
The type of due process hearing is also dependent upon whether a property interest (more procedural protection) or a liberty, usually reputational interest (less procedural protection) is at stake.  The due process right that is granted is procedural, a hearing, rather than substantive. For example, due process may be invoked when the state discharges certain employees, repossess property, or proposes to terminate certain welfare benefits.
state action
Due process requirements apply only to state action.  It has no application to private action when the state is not involved.
timing of hearing
The hearing might take place before the government has acted or it might follow government action.  This can be a critical issue for the party involved.  Due process does not require that every due process hearing take place before the government acts.
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