An important question is when due process requires an oral hearing and
when a hearing on written submissions is sufficient. The presentation of testimony
at an oral hearing may be required under some circumstances, such as where a final decision involves credibility determinations. 3 10 In FCC v. WJR,
however, the Court stated that
due process of law has never been a term of fixed and invariable content. This is
as true with reference to oral argument as with respect to other elements of procedural
due process. For this Court has held in some situations that such argument
is essential to a fair hearing, in others that argument submitted in writing is
sufficient.311
Therefore, whether a party may orally argue its position at a hearing, or whether
that party may only submit written documents, clearly depends upon the
circumstances.
3 12