Thursday, October 21, 2010

admin. Law - due process - notice

Erie Sports Bar v. Bureau of Liquor Control Enforcement - Cmwlth. Court - October 221, 2010

The court upheld an administrative decision concerning an alleged violation of liquor laws by selling liquor to a minor. The BLCE did not give the bar immediate, on-site notice of the alleged violation, as required by a state regulation. In affirming the admin. decision rejecting the BLCE's enforcement because of this failure, the court said

To the extent that particular forms of notice have been mandated by the General Assembly via statute, or via regulation properly promulgated thereunder, due process protections are implicated. Given that the notice provision required by [the regulation] is directed solely at the premises at which the Bureau has undertaken an action (and found a violation) . . .due process demands that such an action (when a violation has been found) include the mandated immediate notice to those premises. Where specifically provided for and expressly mandated without exception, due process protections are not optional.

Where the General Assembly, or an administrative body under its own regulations promulgated pursuant to statute, expressly provides for mandated notice, due process protections attach to that notice.