Due Process in Administrative Hearings: Focus on Risk of Bias

A recent California appellate decision addresses a recurring issue in administrative law: whether due process is violated when a hearing officer both develops the evidentiary record and rules on objections during the same proceeding. The issue arose in the context of a DMV administrative license suspension hearing, but the principles extend to administrative adjudications more broadly. Chi v. Dept. of Motor Vehicles (2026).

For attorneys handling administrative hearings, the decision provides a practical framework for evaluating due process challenges based on alleged bias. It clarifies that the focus is not on whether a hearing officer’s conduct appears adversarial, but whether the structure of the proceeding creates an unacceptable risk of bias.

How the Due Process Challenge Developed in the Hearing

The challenge centered on the hearing officer’s dual role in the proceeding. The officer both presided over the hearing and actively contributed to the record by introducing documentary evidence and ruling on related objections.

The argument raised was straightforward: by taking an active role in presenting evidence, the hearing officer effectively acted as both advocate and decision-maker. This, it was argued, compromised the fairness of the proceeding.

How the Court Analyzed Due Process and Risk of Bias

In addressing that argument, the court reframed the inquiry. Rather than focusing on whether the officer’s conduct resembled advocacy, the court examined whether the structure of the proceeding created a constitutionally unacceptable risk of bias.

This distinction is critical. The court rejected the idea that participation in developing the record, standing alone, transforms a neutral decision-maker into an advocate for due process purposes.

When Hearing Officers Can Perform Multiple Roles

Administrative hearings do not always follow the same model as courtroom litigation. In many settings, particularly DMV administrative per se hearings, hearing officers are expected to take an active role in developing the record.

That role may include:

• Introducing and considering documentary evidence
• Ruling on evidentiary objections
• Evaluating the sufficiency of the record
• Issuing a final decision

The decision reflects the broader principle that due process does not require a strictly adversarial format. Agencies may combine functions within a single proceeding, so long as the structure does not create a meaningful risk of bias.

The Presumption of Impartiality in Administrative Proceedings

A central component of the court’s reasoning is the presumption that adjudicators act with honesty and integrity. This presumption applies even when a hearing officer performs multiple roles within the same proceeding.

As a result, a party asserting a due process violation bears the burden of identifying specific facts that demonstrate a realistic risk of bias. The mere combination of roles, without more, is typically insufficient.

Appearance of Bias vs. the Constitutional Due Process Standard

The decision also reinforces an important distinction between the appearance of bias and the constitutional threshold for a due process violation.

While certain statutes, ethical rules, or procedural standards may address appearances, the due process inquiry is narrower. The question is whether the structure or circumstances create a genuine risk that the decision-maker is not neutral.

This standard sets a higher bar than simply showing that conduct could be perceived as adversarial.

Practice Implications for Attorneys in Administrative Hearings

For attorneys appearing in administrative proceedings, the decision highlights several practical considerations:

• The combination of roles alone is generally not enough to establish a due process violation
• Courts will focus on structural risk, not how the conduct is characterized
• A well-developed record is essential when raising bias-based challenges
• Evidence of actual or probable bias carries significantly more weight than appearance alone

Understanding this framework can help guide both hearing strategy and appellate analysis.

Key Takeaway: Due Process Turns on Structural Risk of Bias

The broader takeaway is that due process analysis in administrative proceedings centers on structural fairness rather than labels or characterizations of conduct. When a hearing officer performs multiple roles, the critical question is whether the process creates an unacceptable risk of bias—not whether the conduct appears adversarial.

For practitioners, this distinction is central to evaluating both the fairness of a proceeding and the viability of a due process challenge.

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