Fasano, William v. Delaware Department of Natural Resources and Environmental Control

Summary

The Court held that Fasano was denied procedural due process when the same Department of Justice attorney first represented the agency opposing his appeal, then represented the adjudicative board in the same proceeding and drafted its decision. Although administrative proceedings may combine investigative, prosecutorial, and adjudicative functions, the attorney's change from advocate to advisor for the decisionmaker created an unacceptably high risk of actual bias. The Court reversed the Superior Court's judgment and remanded for a new hearing.