The essence of the hearing requirement is that a party must be given a
meaningful opportunity to present its case.299 Due process does not require any
particular type of hearing in every circumstance. 30 0 Instead, the type of hearing
mandated by due process is "tailored, in light of the decision to be made, to 'the
capacities and circumstances of those who are to be heard.' ,3 0 1
In Goldberg v. Kelly, the Supreme Court held that a trial-type evidentiary
hearing had to be given to welfare recipients before the termination of their
benefits.30 2 In that case, the Court found that welfare recipients must be able to
present their evidence and arguments at an oral hearing.30 3 Written submissions
were "an unrealistic option" for many recipients who "lack the educational attainment
necessary to write effectively and who cannot obtain professional assistance.
' In addition, written submissions were an inadequate basis for a
decision where the credibility of the recipient was at issue. 30 5 Welfare recipients
also needed the opportunity to confront and cross-examine adverse witnesses.
30 6 The Court stopped short of requiring a full judicial hearing, deciding
that "[i]nformal procedures will suffice" and that "due process does not require a
particular order of proof or mode of offering evidence. 30 7 Later cases made
clear, however, that the Court based its decision heavily on the circumstances
facing welfare recipients.30 8 In Mathews, the Supreme Court noted that "[t]he
judicial model of an evidentiary hearing is neither a required, nor even the most
effective, method of decision-making in all circumstances. 30