Which of these is not a procedural fairness principle?

• A. the right to cross-examine
• B. Duty to give notice of what the hearing is about
• C. the right to be present
• D. the right to an adjudicator with expertise in the subject area

Answer: (A)

Procedural fairness in administrative hearings centers on ensuring parties know what is happening, can participate, and are judged by someone with relevant expertise. You must be informed about the hearing’s scope so you can prepare, you have the right to attend and present your side, and the decision-maker should understand the subject matter to assess the evidence properly. Cross-examination, while common in courts, is not a guaranteed or universal fairness requirement in these kinds of tribunals. The board may rely on written submissions, affidavits, and controlled questioning, rather than formal cross-examination in every case. Because of that, cross-examination is not considered a baseline procedural fairness principle, whereas the other three options are.