Hearings take many forms. Courts use the cost-benefit analysis when determining exactly what must be done to satisfy due process. Where, when, and what type of hearing is required by the Due Process Clauses before a life, liberty, or property interest may be taken by the government? First, due process requires that hearings be held in such a place that those interested will not be severely burdened by appearing.

Another important question is what type of hearing must be conducted to satisfy due process. The Due Process Clauses do not require trial-type hearings in all cases. In fact, what is required differs depending on the facts of each case. In all cases, the procedure must be fair. In some circumstances, a person may be entitled to an oral hearing before an administrative law judge.

In others, an interested party may be limited to submitting a written argument. Even when oral hearings are held, the Due Process Clauses do not require that trial-like procedures be used. In reality, many administrative hearings are informal meetings between agency official and individuals, without attorneys and unbounded by rules of procedure. Whether a party is entitled to an oral hearing depends largely upon the issues to be considered.