Guerrero v. New Jersey
United States Court of Appeals for the Third Circuit
643 F.2d 148 (1981)
The New Jersey Board of Medical Examiners (defendant) found Dr. Guerrero (plaintiff) guilty of gross medical malpractice by adopting the decision of an administrative law judge (ALJ) who had heard the evidence and testimony and prepared written findings; the Board itself reviewed the ALJ's decision, Guerrero's exceptions, and portions of the hearing transcript before reaching its own determination. Guerrero challenged the procedure in federal district court, arguing that being judged by the Board rather than the ALJ who actually observed the witnesses violated his due process right to a meaningful hearing; the district court disagreed, and Guerrero appealed.
Whether due process in an administrative proceeding requires that the ultimate decision-maker be the same officer who personally heard and observed the witnesses.