The writer surveys recent developments in case law in the Commonwealth which define the breadth of due process requirements in administrative hearings, with particular focus on the role of counsel in agency adjudication. Under his analysis, the commonwealth court's approach to the problem of commingling of functions goes beyond federal constitutional standards and is not necessarily mandated by Pennsylvania Supreme Court decisions. The author essays to apply due process standards to four hypothetical situations in which agency counsels' participation may appear to be troublesome.
Due Process in Administrative Hearings in Pennsylvania: The Commingling of Functions Under Feeser and Dussia,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol15/iss4/4