An administrative agency initiates a process to revoke a physician's medical license due to alleged disciplinary violations. The agency informs the physician through an email notice but does not grant an opportunity for a hearing before the revocation takes effect. The physician challenges the revocation, arguing it violates procedural due process. Which of the following is the strongest argument supporting the physician's challenge?
Revoking the medical license without a hearing violates the requirement that individuals receive notice and an opportunity to challenge government action that impacts their property interests.
The agency's failure to use a physical letter to provide notice invalidates the revocation under procedural due process.
The administrative agency went outside the bounds of it's rulemaking authority.
Offering post-revocation remedies eliminates the need for a hearing before the license is revoked.
Procedural due process guarantees that before a deprivation of life, liberty, or property by governmental action, individuals must receive notice and an opportunity to be heard. A professional license, such as a medical license, is considered a protected property interest. The lack of a pre-revocation hearing violates due process unless the government demonstrates an extraordinary need for swift action. Though the agency provided notice, due process requires both notice and an opportunity to be heard, barring exceptional circumstances. Other answers are incorrect because procedural due process does not hinge on the method of notice delivery, and the mere availability of post-deprivation remedies does not cure a lack of pre-deprivation procedural safeguards when feasible.
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Why is a medical license considered a property interest?
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