Administrative agencies must give you due process

Administrative Procedure Act
Title 5 - United States Code - Chapter 5, sections 511-599

Administrative agencies must give you due process:

We have held that a party appearing before an administrative agency is entitled to due process in the proceedings. See Smith v. Everett, 276 Ark. 430, 637 S.W.2d 537 (1982).

A fair trial by a fair tribunal is a basic requirement of due process.. This rule applies to administrative agencies as well as to courts. See Sexton v. Ark. Supreme Ct. Comm. on Profess. Conduct, 299 Ark. 439, 774 S.W.2d 114 (1989); See also Arkansas Elec. Energy Consumers v. Ark.. Pub. Serv. Comm'n, 35 Ark. App. 47, 813 S.W.2d 263 (1991).

Administrative agency adjudications are also subject to the “appearance of bias” standard applicable to judges. Acme Brick Co. v. Missouri Pac. R.R., 307 Ark. 363, 821 S.W.2d 7 (1991).

As the underlying philosophy of the Administrative Procedures Act is that fact finding bodies should not only be fair but appear to be fair, it follows that an officer or board member is disqualified at any time there may be reasonable suspicion of unfairness. Ark. Racing Comm’n v. Emprise Corp., 254 Ark. 975, 497 S.W.2d 34 (1973).

Legal citations below are from Arkansas; other states must have rulings regarding the APA also.

Thanks to Bob Hurt

* * * PUBLIC SERVANT QUESTIONNAIRE * * *

When you look around the web, you'll find a public servant questionnaire, but not like this one. I converted it to a single page so you can get a multi-part NCR form made up at Kinkos, Staples, Office Depot, etc.. Keep some by the door to your house and in your glove compartment to give to [any] law enforcement officers who want to ask you questions. Before answering theirs, I can make them answer mine. You'll find supporting law in 5 U.S.C. 552a. By Bob Hurt

If an Agent Knocks

NOTICE: Bob Hurt is not affiliated with Freedom School.

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