In Utah, the requirement for due process can be found in Article I, Section 7 – Declaration of Rights in the Utah Constitution which states: “No person shall be deprived of life, liberty or property, without due process of law.”
Due process also falls under the Fifth and Fourteenth Amendments of the United States Constitution. The Fifth Amendment guarantees that no person shall be deprived of “life, liberty, or property, without due process of the law.” The Fourteenth Amendment guarantees that no state shall “deprive any person of life, liberty, or property without due process of law.”
Due process is broken into two categories, procedural due process and substantive due process. Procedural due process, also known as constitutional due process, is based on the principle of fundamental fairness and involves procedures such as noticing, opportunity for hearing, basis of decisions, and other related items. Substantive due process is based on the premise that the Constitution protects the public from unwarranted government intrusion which infringes upon fundamental rights.
Special Note: The Office of the Property Rights Ombudsman has provided funding for this training program from the 1% surcharge on all building permits in the State of Utah.