David A. Romanoski v. Pennsylvania Public Utility Commission, et al.

Whether the Due Process Clause of the Fourteenth Amendment is violated when a state administrative agency resolves a case on a dispositive factual premise not developed through an evidentiary process, rejects contrary evidence without a hearing, and denies a party a meaningful opportunity to be heard.

Whether due process is violated when a state appellate court affirms on a ground not raised or litigated by the parties, without notice or an opportunity to be heard.

Whether due process is violated when a state agency alters its position on appeal and prevails on shifting and inconsistent grounds not subject to adversarial testing.