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To: SteveH

Minimal due process in a non-emergency administrative context consists primarily of proper notice of the charge or claim, a meaningful hearing and opportunity to present evidence and argument in your behalf, a neutral and fair decision-maker, and an opportunity to appeal. Statutes and ordinances commonly give specific form to these rights and add additional ones. In most administrative hearings, a well-informed and carefully prepared layman can do a good job of representing himself or a family member, but pitfalls are many and not always obvious.


16 posted on 05/23/2017 10:43:13 AM PDT by Rockingham
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To: Rockingham

in this case, the due process seems to be (according to the ordinance) a hearing after the violation is fixed. the appeal is not defined further than an appeal.

so i wonder for example if i get a subpoena duces tecum power.

i do imagine that without standard tools such as motion to recuse and subpoena duces tecum, i am hosed at the admin appeal level.

so i anticipate failure at the admin appeal level.

[the next level presumably is civil court. so that is either small claims court or unlimited. i wonder if i go with unlimited, these asshats could come at me with compensation for legal fees and court costs if i make a misstep. i’ve seen bureacrats make missteps and the court helps them out so they don’t lose the case. i don’t think pro se’s get the same treatment.]

yeah, the right answer might be a class action suit against the city, so maybe publicity at some stage is the answer. before or after the “appeal,” i dunno.

the guy appointed as the appeals administrator is allegedly the same guy that helpt the city write the ordinance 12 years ago. if so that seems like a huge conflict of interest to me.


19 posted on 05/24/2017 4:56:41 AM PDT by SteveH
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