5. In which of the following cases is a Court most likely to require a hearing where the parties may call and examine witnesses?

A. State Motor Vehicle Agency is considering revoking Driver's license after Driver suffers a loss of vision. State law requires that all drivers have at least 20/100 vision with correction. Driver and Agency agree that Driver has 20/100 in his left eye and 20/150 in the right eye. Agency contends that each eye must meet the 20/100 requirement; Driver contends that only one eye must meet the 20/100 requirement.

B. Sandy, an Australian, has applied for U.S. citizenship based on her marriage to Glen, a U.S. citizen. The Immigration and Naturalization Service questions whether the marriage is lawful or merely a sham to obtain citizenship for Sandy because the two have known each other only two months. Glen and Sandy agree that they have known each other for only two months, but contend that the marriage is valid.

C. The Kasten Company has been cited for violating air emission standards. Kasten agrees with Agency's findings concerning its plant's emissions, but contends that the law does not prohibit its emissions. Kasten brings an agency appeal.

6. Which of the following is most true?

A. Due process requires that one be permitted the representation of counsel at all administrative hearings.

B. Due process requires that one be permitted the representation of counsel at all administrative hearings involving substantial issues of law.

C. Due process requires that one be permitted the representation of counsel at all administrative hearings involving substantial issues of fact.

D. Both b and c.