Van Horn v. Dept. Toxic Substances Control

Good Law
Court of Appeal of CaliforniaDecember 19, 2014C073173MCalifornia4,747 words

Opinion

Opinion

Discussion, which begins “The Lien Procedure hearing”, insert the words “, as alleged,” after this phrase so the sentence now reads:

The Lien Procedure hearing, as alleged, does not encompass, or encompasses only in a perfunctory way, the following issues:

6. At page 13, second full paragraph, second sentence, with a parenthetical that reads “(albeit, apparently in a pro forma process only)”, delete the word “apparently” and replace it with the word “allegedly” so the parenthetical now reads: “(albeit, allegedly in a pro forma process only).”

7. At page 13, first sentence of the third full paragraph, insert the word “allegedly” before the word “conducted” so the line reads “allegedly conducted by its designated neutral official (without additional hearing), violates due”.

3 8. At the top of page 14, delete the first full sentence that begins “In its current form” and replace it with the following, maintaining original footnote 4:

The Department’s Lien Procedure hearing, as alleged, resembles the following observation from a contemporary satirist, “Due process just means that there is a process that you do.”4

9. At page 14, first full paragraph, delete the…

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