Michel v. State, Division of Administrative Law

1,1 agree with the majority to the extent it concludes that Act 559 is procedural in nature as it relates to the form of the proceedings at DAL suspension hearings. However, I disagree with the majority’s conclusion that the procedural amendment was a substantive change as applied to Mr. Michel and violative of Mr. Michel’s due process rights.

The procedure by which rights may be enforced and wrongs remedied is subject to state regulation and control, and no one has a vested right to any given mode of procedure, provided constitutional requirements of due process (due notice and opportunity to…