ROGER LLAURADO
v.
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
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Due process in quasi-judicial agency proceedings is satisfied when parties receive notice of the hearing and a meaningful opportunity to be heard.
[1] Due process in quasi-judicial agency hearings is satisfied when the parties receive written notice of the hearing and an opportunity to be heard.
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Join FLexlaw to unlock all legal intelligence“The basic cornerstones of procedural due process are notice of the case and an opportunity to be heard. Due process is satisfied where the notice and opportunity to be heard are 'granted at a meaningful time and in a meaningful manner'”
Court's statement of the foundational requirements for due process in administrative proceedings
Roger Llaurado appealed a decision by the Department of Business and Professional Regulation. The case involved procedural due process issues in an ad…
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PER CURIAM.
Affirmed. See A & S Ent., LLC v. Fla. Dep’t of Revenue, 282 So. 3d 905, 908-909 (Fla. 3d DCA 2019) (“The basic cornerstones of procedural due process are notice of the case and an opportunity to be heard. Due process is satisfied where the notice and opportunity to be heard are ‘granted at a meaningful time and in a meaningful manner’”) (additional citations omitted); Jennings v. Dade Cty., 589 So. 2d 1337, 1340 (Fla. 3d DCA 1991) (“A quasi-judicial hearing generally meets basic due process requirements if the parties are provided notice of the hearing and an opportunity to be heard”). See also Fla. Admin. Code R. 28-106.111(4) (providing: “Any person who receives written notice of an agency decision and who fails to file a written request for a hearing within 21 days waives the right to request a hearing on such matters. This provision does not eliminate the availability of equitable tolling as a defense”).