What is the impact of restricting a County's freedom to choose a hearing officer?

California, United States of America


The following excerpt is from Haas v. County of San Bernardino, 119 Cal.Rptr.2d 341, 27 Cal.4th 1017, 45 P.3d 280 (Cal. 2002):

Next, the County contends that any benefit to the adjudicative process that might come from restricting its freedom to choose hearing officers would not justify the increased burden on the County. The County thus invokes the cost-benefit analysis of Mathews v. Eldridge (1976) 424 U.S. 319, 335, 96 S.Ct. 893, 47 L.Ed.2d 18 (Mathews), in which the high court wrote that the "identification of the specific dictates of due process generally requires consideration of three distinct factors: First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government's interest, including

[119 Cal.Rptr.2d 356]

the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail."

[119 Cal.Rptr.2d 356]

Other Questions


What is the effect of a hearing officer's failure to grant a postponement of an arbitrator's hearing? (California, United States of America)
Can a defendant who claims self-defense to a charge of battery upon a police officer, who is also charged with battery upon the officer, obtain materials from the police department concerning the propensity for violence against the officer? (California, United States of America)
Does the exclusionary rule apply in a revocation hearing where a police officer or parole officer has conducted an illegal search? (California, United States of America)
Is a county officer a "public officer"? (California, United States of America)
Can a defendant who shot an off-duty police officer in the head with a single shot, get out of his car, get into his car and shoot the officer as the officer is approaching? (California, United States of America)
In what circumstances would the defense in a civil case have to call at least two police officers, the officer who was involved in a chase and the officer involved in the chase, and the person who was arrested for shots being fired from his car? (California, United States of America)
Can a county clerk be appointed deputy county clerk during his term of office? (California, United States of America)
Is a county sheriff a state rather than a county officer? (California, United States of America)
What is the "necessity" test for determining whether a restriction or restriction on a prisoner's constitutional rights is restrictive enough to be struck down? (California, United States of America)
When an officer believes an individual is armed and presently dangerous to the officer or to others, can the officer use force to neutralize the threat of physical harm? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.