Which of the following is not one of the basic steps in a due process procedure?

• A. Issue a "cease and desist" letter
• B. Issue a hearing notice if the violation does not end within the stated time
• C. Hold the scheduled hearing if the violation does not end within the stated time
• D. Issue a decision before a hearing is held

Answer: (D)

A fundamental requirement in due process is that a decision follows after a fair opportunity to be heard. In a typical sequence, you notify the resident of the violation and give them time to fix it; if it isn’t corrected, you issue a hearing notice and then hold the hearing where the resident can present their side and any evidence. Only after that hearing do you issue a decision and, if needed, enforce penalties. Issuing a decision before a hearing contradicts this principle because it denies the resident the chance to be heard and to respond to the findings. So that option is not a basic step. The other steps fit the proper sequence: sending a cease-and-desist or warning letter as an initial notice, issuing a hearing notice if the violation isn’t cured, and holding the scheduled hearing.