Wednesday, June 28, 2006

admin. law - decision based solely on record evidence

William Penn School District v. Dept. of Education - Commonwealth Court - June 27, 2006

This case, which involves the alleged overpayment of school lunch funds, includes a statement that "'due process requires that administrative decisions of an adjudicatory nature must be based exclusively on evidence contained in the formal record which has been made known to the parties and which they have had an opportunity to refute," quoting from Mercy Regional Health System v. Dept. of Health, 645 A.2d 924, 928 (Pa. Cmwlth. 1994).