Written by attorneys · grounded in primary & secondary sources — see below
A formal proceeding conducted on the record before an impartial decisionmaker at which parties may present witnesses, introduce documentary evidence, and cross-examine adverse witnesses.
Sources & Authorities
How it applies
Common Examples
6
Welfare Subsidy Termination
Evelyn Ellison received monthly need-based payments to cover medication costs. State officials received an anonymous tip questioning her income paperwork and immediately halted the payments. Evelyn received no advance notice and no chance to present documents or question the reporting employee before the cutoff took effect. The termination could not stand without first affording her an evidentiary hearing at which she could confront witnesses and submit oral evidence.
Disability Benefit Review
Edgar Evers collected Social Security disability checks for several years. After a periodic medical review, the agency notified him in writing that his condition had improved and benefits would end. Edgar submitted a detailed written rebuttal with new physician reports. The agency terminated payments but scheduled a full evidentiary hearing at which he could present live testimony and receive retroactive benefits if successful.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Study Supplements
Prison Disciplinary Proceeding
Esther Eisenberg faced disciplinary charges for alleged rule violations while incarcerated. Prison officials scheduled an evidentiary hearing before a neutral hearing officer. At the hearing Esther could call witnesses, introduce documents, and cross-examine the reporting officer under oath. The officer's decision rested solely on the evidence presented during that proceeding.
Baxter v. Palmigiano425 U.S. 308 (1976)
Public Employee Dismissal
Erika Echevarria held a for-cause teaching position. The school board gave her written notice of alleged performance deficiencies and an opportunity to respond orally to the superintendent before any final action. A full evidentiary hearing with witness testimony and cross-examination followed after termination, satisfying due process.
Cleveland Board of Education v. Loudermill470 U.S. 532, 541 (1985)
Labor Board Adjudication
Elite Dynamics faced unfair-labor-practice allegations before the NLRB. The agency conducted a formal evidentiary hearing at which the company presented witnesses, introduced exhibits, and cross-examined the charging party's evidence. The administrative law judge issued findings based exclusively on the hearing record.
NLRB v. Noel Canning573 U.S. 513 (2014)
Detainee Status Determination
Emily Ellis was detained as an alleged enemy combatant. The government provided written notice of the factual basis for detention and convened an evidentiary hearing before a neutral decisionmaker. Emily could present evidence, call witnesses, and contest the government's information at that hearing.
Hamdi v. Rumsfeld542 U.S. 507, 124 S. Ct. 2633, 159 L. Ed. 2d 578 (2004)
Common questions
Frequently Asked
3
When does due process require an evidentiary hearing before terminating government benefits?+
Recipients of need-based welfare benefits hold a protected property interest in continued payments. Due process therefore requires a pre-termination evidentiary hearing that includes timely notice, the right to confront and cross-examine witnesses, an opportunity to present oral evidence, and decision by an impartial decisionmaker on the record.
Supporting sources
Does due process always require a pre-termination evidentiary hearing for disability benefits?+
No. Written notice and an opportunity to respond in writing before termination, followed by a post-termination evidentiary hearing with retroactive benefits if the claimant prevails, satisfy due process under the Mathews balancing test.
Supporting sources
What minimal process satisfies due process for a public employee removable only for cause?+
The employee must receive notice of the charges and a pre-termination opportunity to respond to the decisionmaker. A full evidentiary hearing may occur after termination.
Supporting sources
424 U.S. 319 (1976)Constitutional Law
…issue presented is whether the pretermination procedures established by the Secretary satisfy due process. Pp. 334-335. (c) An evidentiary hearing is not required prior to the termination of disability benefits, and the present administrative procedures fully comport with due process. The delay between the cutoff of benefits and the…