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Guerrero v. New Jersey

643 F.2d 148 (1981)

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Guerrero v. New Jersey

United States Court of Appeals for the Third Circuit

643 F.2d 148 (1981)

Facts

The New Jersey Board of Medical Examiners (plaintiff) found Dr. Floro A. Guerrero (defendant) guilty of gross medical malpractice. In making this determination, the Board adopted the decision of an administrative law judge (ALJ). New Jersey administrative procedure permitted ALJs to hear cases, take evidence and testimony, and prepare written decisions containing findings of fact and conclusions of law. The Board reviewed the ALJ’s decision, together with exceptions filed by Guerrero and portions of the hearing transcript, before ultimately determining Guerrero was guilty. Guerrero challenged the administrative procedure in the United States District Court for the District of New Jersey. Guerrero argued the hearing of his case by an ALJ rather than the Board itself deprived him of a meaningful right to be heard in violation of his due process rights. The district court held the administrative procedure did not violate Guerrero’s right to due process. Guerrero appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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