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LEGAL BRIEFING: Avoiding Due Process/Bias Problems When Making Quasi-Judicial Decisions

LEGAL BRIEFING: Avoiding Due Process/Bias Problems When Making Quasi-Judicial Decisions. September 9, 2019. What is a “quasi-judicial” decision?.

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LEGAL BRIEFING: Avoiding Due Process/Bias Problems When Making Quasi-Judicial Decisions

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  1. LEGAL BRIEFING:Avoiding Due Process/Bias ProblemsWhen Making Quasi-Judicial Decisions September 9, 2019

  2. What is a “quasi-judicial” decision? When city ordinance requires administrative hearing to take testimony and apply a standard or rule to an individual set of facts (sometimes also called “adjudicative” act). Decision makers act like judges applying rules to facts and evidence, rather than as legislators making policy decisions (“legislative” act). Most common example: land use permits

  3. Avoiding due process problems • Fair treatment of those similarly situated • Reasonable advance notice • Usually governed by ordinance or law • Reasonable opportunity to be heard • Opportunity to raise all issues (ok to limit time or reopen hearing) • Impartial decisionmakers • Paying attention • Reviewed evidence (including reviewing material if absent at a prior proceeding)

  4. Avoiding bias • Distinguished from conflict of interest (financial) • Impartiality, unaffected by personal embroilment • Fair hearing • Disclose “ex parte” (outside of hearing) contacts and facts in sufficient detail so all parties can respond and all decisionmakers have the same information • Avoid commitment during ex-parte contact • Reach conclusion/make findings based on evidence in the record

  5. Example: Appeals/Calls for Review • Chapter 17.72 of the PMC 17.60.040 • Public hearing only if lower application required so • Not material in terms of evidentiary burden/process • De novo review: consider issues associated with the underlying decision • Caution not to wander too far from the issue at hand • Decision must be based on evidence provided and any findings

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