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The basic elements of procedural due process are notice and an opportunity to be heard at a meaningful time and in a meaningful manner. True Due Process is the ability to be heard by an impartial tribunal unbiased by ex-parte communication as is necessary for fair and impartial justice. Due Process provides the accused doctor the opportunity to be heard in a meaningful manner and with the full facts of the situation considered. Procedural due process violations are by nature “arbitrary and capricious.”