What is our guidance on procedural considerations in the context of a disability claim?

California, United States of America


The following excerpt is from Saleeby v. State Bar, 216 Cal.Rptr. 367, 39 Cal.3d 547, 702 P.2d 525 (Cal. 1985):

The next year, we specifically instructed that "courts must evaluate the extent to which procedural protections can be tailored to promote more accurate and reliable administrative decisions in light of the governmental and private interests at stake" rather than relying "on whether or not the state limits administrative control over a statutory benefit or deprivation by [39 Cal.3d 565] the occurrence of specified conditions; ..." [702 P.2d 535] (People v. Ramirez (1979) 25 Cal.3d 260, 267, 158 Cal.Rptr. 316, 599 P.2d 622.) After reviewing federal precedent, we held that "the due process safeguards required for protection of an individual's statutory interests must be analyzed in the context of the principle that freedom from arbitrary adjudicative procedures is a substantive element of one's liberty. [Citation.]" (Id. at p. 268, 158 Cal.Rptr. 316, 599 P.2d 622.)

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