Does the routine use of uncorroborated hearsay evidence to adjudicate accusations of wrongdoing against healthcare workers violate due process?

Question Presented The Respondent “Justice Center,” a New York State agency, has a standard practice of routinely allowing uncorroborated hearsay evidence—for example, unsworn witness statements—to adjudicate whether or not healthcare workers are guilty of neglect or abuse under the state social services law. The administrative adjudication often results in not only the termination of the accused healthcare worker’s employment, but also branding the worker an “abuser” and then permanently “debarring” the individual from their chosen occupation. The Appellate Division of the New York State Supreme Court routinely upholds such administrative adjudications, even when the healthcare worker was afforded no opportunity to confront their accuser notwithstanding the accuser’s credibility and truthfulness being at issue. The question presented in this case is: Does it violate due process of law for a state agency to routinely adjudicate accusations of wrongdoing on hearsay evidence alone (in over 95 percent of its adjudicatory hearings), denying the accused workers such as Petitioner here the ability to face their accuser even when the accuser’s credibility and veracity are at issue?