California, United States of America
The following excerpt is from Tyler v. County of Alameda, 34 Cal.App.4th 777, 40 Cal.Rptr.2d 643 (Cal. App. 1995):
Later, however, in Mathews v. Eldridge (1976) 424 U.S. 319, 96 S.Ct. 893, 47 L.Ed.2d 18, the court concluded that a post-deprivation hearing following termination of social security disability benefits satisfied due process. The Mathews court established a balancing test to be used to determine whether a pre-deprivation hearing is required. That balancing test requires the court to weigh three factors: "First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail." (424 U.S. at p. 335, 96 S.Ct. at p. 903.) "The ultimate balance [34 Cal.App.4th 785] involves a determination as to when, under our constitutional system, judicial-type procedures must be imposed upon administrative action to assure fairness." (Id. at p. 348, 96 S.Ct. at p. 909.) 4
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