Persons whose rights are at issue in an administrative proceeding do have due process protections, depending on the rights at issue. The leading case involved welfare beneficiaries whose benefits under the Aid to Families with Dependent Children program were terminated. The U.S. Supreme Court held that they were entitled to a hearing and certain due process rights:

1. the right to present an oral case

2. the right to confront witnesses

3. the right to be represented by an attorney, although the court did not create a right to appointed counsel

4. the right to have the decision based on the record before the ALJ

These are known as the Goldberg rights, after the case that established them. [Goldberg v. Kelly, 397 U.S. 254 (1970) ] The availability of the Goldberg rights depends on the nature of the private interest that is threatened, the probability of an erroneous decision, the potential value of the evidence, and the cost to the government. These are important to medical care practitioners in proceedings such as license revocation hearings and other proceedings where the practitioner’s livelihood is at issue.