In November 2015, officials from the state of New Tudor Department of Wildlife and Fisheries reviewed Robert McCloskey’s fish plant and found evidence that he had a fish catch that was double his license limit. Criminal charges were brought against McCloskey but due to technical deficiencies, the charges were dropped two years later. A month later, the Department wrote to McCloskey advising that it would recommend that he not be issued a 2018 fishing license. Numerous documents were attached to the letter. McCloskey was also advised that he could make written submissions to the ALJ prior to the decision being made. Rather than submitting any evidence to counter the evidence presented in the letter, McCloskey’s counsel made arguments about why the license should be issued. The license was denied.
Have procedural due process requirements been satisfied? Your response should discuss (in part) whether a “paper hearing” to determine whether a fishing license should be granted or revoked satisfies procedural due process requirements, or is a full oral hearing required to sort out the issues in this case? Why/why not?Please cite to one or more cases in your response.
Please do NOT address the issue of potential attorney malpractice.