No. 19-1335

Timothy James Dummer v. California Contractors State License Board, et al.

Lower Court: California
Docketed: 2020-06-03
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: administrative-law certified-mail due-process government-taking hearing mail-service notice procedural-rights tax-notice tax-notices
Key Terms:
DueProcess
Latest Conference: 2020-11-13 (distributed 2 times)
Question Presented (AI Summary)

Where State law requires certified mail to be used for tax notices, is due process satisfied where the State instead only uses regular mail, which results in a taking without notice or hearing?

Question Presented (from Petition)

QUESTIONS PRESENTED , In 1970, this Court ruled in Goldberg v. Kelly, 397 U.S. 254, that due process requires proper notice and a hearing before a professional license may be taken; yet in 2016 the State of California seized nonresident Petitioner’s builder’s license admittedly without one single hearing whatsoever. California law requires taxpayers to request a hearing within 60 days of the mailing of the State’s tax assessment notice; but the same law also requires supervisory approval (in writing) and that tax notices be sent by certified mail. The State admittedly failed to follow these two provisions. Petitioner never received notice and was thereby prevented from requesting a hearing. Question 1 — Where State law requires certified mail to be used for tax notices (that start a 60 day countdown to a government taking), is due process satisfied where the State instead only uses regular mail, which results in a taking without notice or hearing? Question 2 — Did Respondent (and the appellate court) deprive Petitioner of procedural due process by conflating two California tax _ statutes together, thus allowing the State to circumvent mandatory chief counsel approval and justify a government taking without any hearing?

Docket Entries

2020-11-16
Rehearing DENIED.
2020-10-28
DISTRIBUTED for Conference of 11/13/2020.
2020-10-14
Petition for Rehearing filed.
2020-10-05
Petition DENIED.
2020-06-24
DISTRIBUTED for Conference of 9/29/2020.
2020-06-11
Waiver of right of respondent California Contractors State License Board, et al. to respond filed.
2020-05-26
Petition for a writ of certiorari filed. (Response due July 6, 2020)

Attorneys

California Contractors State License Board, et al.
Michael SapoznikowOffice of the California Attorney General, Respondent
Michael SapoznikowOffice of the California Attorney General, Respondent
Timothy James Dummer
Timothy James Dummer — Petitioner
Timothy James Dummer — Petitioner