Pennsylvania Bankers Ass'n v. Pennsylvania Department of Banking, 598 Pa. 313

Summary

The Supreme Court of Pennsylvania held that the Department of Banking violated due process by dismissing the Banks as intervenors after granting them unconditional intervention and failing to provide notice that their status remained subject to proof. The Court reversed the Commonwealth Court, reinstated the Banks as parties, and remanded for consideration of the remaining claims. The Court distinguished Biester because the Banks were not given continuing notice that their intervention status was disputed.

Holdings

1. When an agency grants unconditional intervention under the public-interest provision, due process requires notice that intervenor status remains disputed and an opportunity to present evidence before the agency dismisses the intervenors for failing to satisfy a different intervention provision. The Department therefore improperly revoked the Banks' intervenor status.

Questions Presented

1. Whether the Department violated due process by dismissing the Banks as intervenors after granting them unconditional intervention under the public-interest provision without notice that their status remained subject to proof under the direct-interest provision.
2. Whether the Commonwealth Court properly affirmed the Department's dismissal of the Banks as intervenors.

Disposition

reversed_and_remanded