Pennsylvania Game Comm'n v. Marich, 666 A.2d 253 (Pa. 1995). · Go Syfert
Pennsylvania Game Comm'n v. Marich, 666 A.2d 253 (Pa. 1995). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases · …he requirements of article i, section i of the pennsylvania constitution are not distinguishable from those of the 14th amendment
G Cite: 2 distinguished/criticized. Strongest: ROSFELD v. THE UNIVERSITY OF PITTSBURGH - OF THE COMMONWEALTH SYSTEM OF HIGHER EDUCATION (Distinguished)
140 citation events (110 in the last 25 years) across 11 distinct courts.
Strongest positive: Kansky v. Luzerne County (pamd, 2023-11-02) · Strongest negative: MIMS v. CITY OF NEW CASTLE (pawd, 2022-07-15)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 36 distinct citers. How cited ↗
discussed Distinguished MIMS v. CITY OF NEW CASTLE
W.D. Pa. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
he requirements of article i, section 1 of the pennsylvania constitution are not distinguishable from those of the 14th amendment ... may apply the same analysis to both claims.
discussed Distinguished ROSFELD v. THE UNIVERSITY OF PITTSBURGH - OF THE COMMONWEALTH SYSTEM OF HIGHER EDUCATION
W.D. Pa. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
he requirements of article i, section i of the pennsylvania constitution are not distinguishable from those of the 14th amendment
discussed Distinguished ROSFELD v. THE UNIVERSITY OF PITTSBURGH - OF THE COMMONWEALTH SYSTEM OF HIGHER EDUCATION
W.D. Pa. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
he requirements of article i, section i of the pennsylvania constitution are not distinguishable from those of the 14th amendment
examined Distinguished Jones v. City of Philadelphia (4×)
Pa. Commw. Ct. · 2006 · confidence high
Pa. Game Comm'n v. Marich, 542 Pa. 226 , 229 n. 6, 666 A.2d 253 , 255 n. 6 (1995) (stating that "the requirements of Article I, Section 1, of the Pennsylvania Constitution are not distinguishable from those of the [Due Process Clause of the 14th Amendment] ... [thus] we may apply the same analysis to both claims"); R. v. Dep't of Pub.
discussed Cited as authority (verbatim quote) Kansky v. Luzerne County
M.D. Penn. · 2023 · quote attribution · 1 verbatim quote · confidence high
a driver's license also cannot be revoked without the procedural due process required by the fourteenth amendment.
discussed Cited as authority (rule) Constantakis, K. v. Bryan Advisory
Pa. Super. Ct. · 2022 · confidence medium
Accordingly, the trial court ordered Appellants to expunge the defamatory language in the January 13, 2021 Form U5s and IAPD, and to file neutral, amended forms in accordance with Schedule A, attached to its ____________________________________________ 19 “[A] license to pursue a livelihood or engage in a profession … has been held to be a property right protected by Article I, Section 1 of the Pennsylvania Constitution[.]” Pennsylvania Game Com’n v. Marich, 666 A.2d 253, 256 (Pa. 1995) (citing Lyness v. Commonwealth, State Bd. of Medicine, 605 A.2d 1204, 1207 (Pa. 1992) (recognizing a…
discussed Cited as authority (rule) Andrew Dankanich v. Marcel Pratt
3rd Cir. · 2021 · confidence medium
On the merits, the parties dispute whether the Appellants’ interest in the potential proceeds of their qui tam complaint was protected by the LAL, such that the City Solicitor’s denial of their complaint was an “adjudication” from which the Appellants can seek relief.9 The City claims that Pennsylvania courts “uniformly h[o]ld that, to be adjudicatory, a decision must impact a property interest protected by due process.” (Answering Br. at 19.) Relying on dictum in Pennsylvania Game Commission v. Marich, 666 A.2d 253, 257 (Pa. 1995), the Appellants respond that the LAL also applies …
cited Cited as authority (rule) K.M. Kaplafka Jr. v. PSP
Pa. Commw. Ct. · 2020 · confidence medium
Pa. Game Comm’n v. Marich, 666 A.2d 253, 255 (Pa. 1995).
cited Cited as authority (rule) E. Clemens v. PSP & Lt. Col. L. Christie
Pa. Commw. Ct. · 2020 · confidence medium
Pa. Game Comm’n v. Marich, 666 A.2d 253, 255 (Pa. 1995).
discussed Cited as authority (rule) J. Corliss v. PSP
Pa. Commw. Ct. · 2019 · confidence medium
In his Petition for Review, Mr. Corliss contends that the increase in his registration period from 10 years to life under Act 10 violates his due process rights. “[D]ue process is required under the Fourteenth Amendment of the United States Constitution only if the state seeks to deprive a person of a life, liberty or property interest.” Pa. Game Comm’n v. Marich, 666 A.2d 253, 255 (Pa. 1995).
cited Cited as authority (rule) A. Malone v. The PA State Police of the Commonwealth of PA
Pa. Commw. Ct. · 2017 · confidence medium
Pennsylvania Game Commission v. Marich, 666 A.2d 253, 255 (Pa. 1995).
discussed Cited as authority (rule) Valley Forge Chapter of Trout Unlimited v. Township of Tredyffrin and PA Turnpike Commission
Pa. Commw. Ct. · 2016 · confidence medium
Pa. Game Comm’n v. Marich, 666 A.2d 253, 256 (Pa. 1995). “[C]ourts examine procedural due process questions in two steps: the first asks whether there is a life, liberty, or property interest that the state has interfered with; and the second examines whether the procedures attendant to that deprivation were constitutionally sufficient.” Com. v. Turner, 80 A.3d 754, 764 (Pa. 2013).
discussed Cited as authority (rule) G.S. Person v. PSP Megan's Law Section
Pa. Commw. Ct. · 2015 · confidence medium
The Due Process Clause of the Fourteenth Amendment to the United States Constitution applies only when “the state seeks to deprive a person of a life, liberty or property interest,” Pennsylvania Game Commission v. Marich, 666 A.2d 253, 255 (Pa. 1995).
discussed Cited as authority (rule) Hunters United for Sunday Hunting v. Pennsylvania Game Commission
M.D. Penn. · 2014 · confidence medium
By contrast, “[t]he recreational sport of hunting has not been recognized as a constitutionally protected liberty or property interest by state or federal law.” 7 Pa. Game Comm’n v. Marich, 542 Pa. 226 , 666 A.2d 253, 256 (1995).
cited Cited as authority (rule) MCT Transportation Inc. v. Philadelphia Parking Authority
Pa. Commw. Ct. · 2013 · confidence medium
Pennsylvania Game Commission v. Marich, 542 Pa. 226, 229-30 , 666 A.2d 253, 255 (1995).
examined Cited as authority (rule) Caba v. Weaknecht (3×) also: Cited "see"
Pa. Commw. Ct. · 2013 · confidence medium
These cases are consistent with our Supreme Court’s decision in Lyness v. State Board of Medicine, 529 Pa. 535 , 605 A.2d 1204 (1992), where the Pennsylvania Supreme Court “held that the right to pursue a livelihood or profession was a protected property right, thus triggering the protective mechanism of due process.” Pa. Game Comm’n v. Marich, 542 Pa. 226, 230 , 666 A.2d 253, 255 (1995) (citing Lyness, 529 Pa. at 542 , 605 A.2d at 1207 ).
cited Cited as authority (rule) Unified Sportsmen of Pennsylvania Ex Rel. Their Members v. Pennsylvania Game Commission
Pa. Commw. Ct. · 2011 · confidence medium
Pa. Game Comm’n v. Marich, 542 Pa. 226, 232 , 666 A.2d 253, 256 (1995) (quoting Commonwealth v. Patsone, 231 Pa. 46, 48-49 , 79 A. 928, 929 (1911)) (internal quotation marks omitted).
discussed Cited as authority (rule) Mertins v. Commissioner of Natural Resources
Minn. Ct. App. · 2008 · confidence medium
In Conti v. United States, 291 F.3d 1334 (Fed.Cir.2002), the circuit court concluded that a sword-fishing permit issued by the Department of Commerce “fell short of conferring a cognizable property interest.” Id. at 1341 ; accord WMUR Channel Nine v. New Hampshire Dep’t of Fish & Game, 154 N.H. 46 , 908 A.2d 146, 150 (2006); Pa. Game Comm. v. Marich, 542 Pa. 226 , 666 A.2d 253, 256-57 (1995); cf. LeClair v. Natural Res.
cited Cited as authority (rule) WMUR Channel Nine v. NEW HAMPSHIRE DEPARTMENT OF FISH AND GAME
N.H. · 2006 · confidence medium
Cir. 2002); Pennsylvania Game Com’n v. Marich, 666 A.2d 253, 257 (Pa. 1995).
discussed Cited as authority (rule) Nixon v. Commonwealth, Department of Public Welfare (2×)
Pa. Commw. Ct. · 2001 · confidence medium
Although the Supreme Court in Lyness determined that a physician is entitled to due process, that case involved "a license to pursue a livelihood or engage in a profession, which has been held to be a property right protected by Article I, Section I of the Pennsylvania Constitution...." Pennsylvania Game Commission v. Marich, 542 Pa. 226, 231 , 666 A.2d 253, 256 (1995).
discussed Cited as authority (rule) Com., Dept. of Transp. v. McCafferty (2×)
Pa. · 2000 · signal: cf. · confidence medium
Cf. Pennsylvania Game Comm’n v. Marich, 542 Pa. 226, 233 , 666 A.2d 253, 257 (1995) (driver’s license, which is a privilege and not a right, may not be suspended without adherence to procedural due process requirements of the Fourteenth Amendment); Commonwealth v. Zimmick, 539 Pa. 548, 558 , 653 A.2d 1217, 1222 (1995) (same).
discussed Cited as authority (rule) Gombach v. Department, Bureau of Commissions, Elections & Legislation
Pa. Commw. Ct. · 1997 · confidence medium
Pennsylvania Game Commission v. Marich, 542 Pa. 226 n. 4 , 666 A.2d 253 n. 4 (1995). .Gombach argues that the Secretary should not have considered the issue of good moral character because Section 5 permits a waiver when reappointing notaries public.
discussed Cited "see" M.J. Murnin, III v. PA Game Commission
Pa. Commw. Ct. · 2021 · signal: see · confidence high
See Murnin I. 6 Notwithstanding, the Pennsylvania Supreme Court has held that “hunting is not a property or liberty interest to which the full panoply of [Lyness] due process protections attach.” Pa. Game Comm’n v. Marich, 666 A.2d 253, 257 (Pa. 1995). 9 IN THE COMMONWEALTH COURT OF PENNSYLVANIA Michael J.
discussed Cited "see" Billups v. Utz (2×)
M.D. Penn. · 2016 · signal: see · confidence high
See Pennsylvania Game Comm’n. v. Marich, 542 Pa. 226 , 229 n. 6, 666 A.2d 253 (1995).
discussed Cited "see" City of Philadelphia v. Perfetti (2×)
Pa. Commw. Ct. · 2015 · signal: see · confidence high
See Pa. Game Comm’n v. Marich, 542 Pa. 226 , 666 A.2d 253 (1995).
cited Cited "see" Unified Sportsmen v. Pennsylvania Game Commission
Pa. Commw. Ct. · 2008 · signal: see · confidence high
See Pa. Game Commn. v. Marich, 542 Pa. 226 , 666 A.2d 258 (1995).
discussed Cited "see" Fratta v. Workers' Compensation Appeal Board (2×)
Pa. Commw. Ct. · 2006 · signal: see · confidence high
See Pennsylvania Game Commission v. Marich, 542 Pa. 226, 229 , 666 A.2d 253 , 255 n. 6 (1995).” South Union Township v. Department of Environmental Protection, 839 A.2d 1179 , 1186 n. 9 (2003).
discussed Cited "see" South Union Township v. Commonwealth (2×)
Pa. Commw. Ct. · 2003 · signal: see · confidence high
See Pennsylvania Game Commission v. Marick, 542 Pa. 226, 229 , 666 A.2d 253 , 255 n. 6 (1995). .
examined Cited "see" Hospital & Healthsystem Ass'n of Pennsylvania v. Department of Public Welfare (4×)
Pa. Commw. Ct. · 2003 · signal: see · confidence high
See Pennsylvania Game Commission v. Marich, 542 Pa. 226 , 229 n. 6, 666 A.2d 253 , 255 n. 6 (1995). [25] Having disposed of HAP's and the Health Systems' due process claim on this ground, we need not address whether DPW and Secretary Houstoun have taken any action to implement the disputed provision or whether HAP and the Health Systems have a property interest in the statutory processes on which they premise their due process claim. [26] The Pennsylvania Constitution gives the governor the power "to disapprove of any item of any bill, making appropriations of money ... and the item or items o…
discussed Cited "see" In Re Jaffe (2×)
Ct. Jud. Disc. Pa · 2003 · signal: see · confidence high
See Electrolux Corp. v. Commonwealth, Dep’t. of Labor & Industry, Bureau of Employer Tea Operations, 705 A.2d 1357 , 1362 n.5 (Pa. Commw. 1998) citing Pennsylvania Game Commission v. Marich, 542 Pa. 226 , 666 A.2d 253 (1995) (analysis of due process under Federal Constitution is applicable under Pennsylvania Constitution). 2 .
examined Cited "see" Harrington v. Commonwealth (4×)
Pa. · 2000 · signal: see · confidence high
See Pennsylvania Game Comm'n v. Marich, 542 Pa. 226, 233 , 666 A.2d 253, 256 (1995). [9] This approach does not alter an appellant's obligations related to issue preservation and waiver—an appellant must raise any ancillary issues in a direct appeal pursuant to Section 722(7) that were decided by the common pleas court and would otherwise be subject to waiver in order to avoid forfeiting the ability to pursue such issues on further appeal.
discussed Cited "see" Harrington v. Commonwealth (2×)
Pa. · 2000 · signal: see · confidence high
See Pennsylvania Game Comm’n v. Marich, 542 Pa. 226, 233 , 666 A.2d 253, 256 (1995). .
discussed Cited "see" Griffin v. Southeastern Pennsylvania Transportation Authority (2×)
Pa. Commw. Ct. · 2000 · signal: see · confidence high
See Pennsylvania Game Commission v. Marich, 542 Pa. 226 , 666 A.2d 253 (1995).
discussed Cited "see" Commonwealth, Department of Transportation, Bureau of Driver Licensing v. Clayton (2×)
Pa. · 1996 · signal: see · confidence high
See Pennsylvania Game Commission v. Marich and Engleka, 542 Pa. 226 , 666 A.2d 253 (1995).
examined Cited "see" COM. DEPT. OF TRANSP. v. Clayton (4×)
Pa. · 1996 · signal: see · confidence high
See Pennsylvania Game Commission v. Marich and Engleka, 542 Pa. 226, 666 A.2d 253 (1995).
discussed Cited "see, e.g." Burger v. Board of School Directors (2×)
Pa. · 2003 · signal: compare · confidence low
Compare, e.g., Section 1129, 24 P.S. § 11-1129 (requiring a two-thirds board vote for dismissal of a professional tenured employed), with Section 1080, 24 P.S. § 10-1080 (requiring only a majority board vote to support the removal of a superintendent). [11] Further, a board of school directors "may adopt and enforce such reasonable rules and regulations as it may deem necessary and proper, regarding the management of its school affairs and the conduct and deportment of all superintendents ... during the time they are engaged in their duties to the district...." 24 P.S. § 5-510. [12] Under A…
Retrieving the full opinion text from the archive…
PENNSYLVANIA GAME COMMISSION, Appellant,
v.
Anthony John MARICH, Jr., Appellee; PENNSYLVANIA GAME COMMISSION, Appellant, v. Arn C. ENGLEKA, Appellee
Supreme Court of Pennsylvania.
Sep 26, 1995.
666 A.2d 253
William R. Pouss, Harrisburg, for Pa. Game Comm., Robert P. Ging, Jr., Confluence, for Anthony Marich.
Nix, Flaherty, Zappala, Cappy, Castille, Montemuro.
Cited by 72 opinions  |  Published
2 passages pin-cited by 3 cases
Pinpoint authority: bottom 90%
Citer courts: W.D. Pennsylvania (3)

OPINION

ZAPPALA, Justice.

We granted allocatur to determine whether the revocation of hunting and trapping licenses is subject to the procedural due process requirements of the Pennsylvania and United States Constitutions.

On October 31, 1992, Appellees Anthony John Marich, Jr. and Arn C. Engleka were hunting for waterfowl on Somerset Lake in Somerset County. Wildlife Conservation Officer Daniel Jenkins checked the men and discovered that each was in the possession of ten sea ducks. On the day of the violation, the limit of ducks was three. Officer Jenkins charged Appel[*228] lees with killing two ducks [1] over the limit of waterfowl established under Section 2102 of the Game and Wildlife Code, 34 Pa.C.S. § 2102. Each pled guilty on a Field Acknowledgment of Guilt form [2] and paid a $200 fíne by mail.

On April 6,1993, the Pennsylvania Game Commission (Commission) imposed a one year revocation of Appellees’ hunting licenses. [3] Appellees thereafter requested a hearing, which was conducted on May 21,1993, by a Hearing Officer from the Bureau of Law Enforcement of the Commission. The hearing was held to consider whether any mitigating or aggravating circumstances existed indicating that the revocation period was excessive or inadequate.

Marieh, an avid and experienced hunter, testified at the hearing. He stated that he believed that a bonus limit for sea ducks, which was last permitted during the 1988-89 season, remained in effect. Engleka testified that he relied on Ma-rich’s knowledge of the hunting regulations. The Hearing Officer presented the Commonwealth’s record.

The Hearing Officer found that since the bonus sea duck limit had not been in effect during the past three seasons, Appellees did not have a legitimate contention for mitigation. Accordingly, he recommended that the revocation period re[*229] main as originally ordered. The Commission concurred with the findings of the Hearing Officer and ordered that the revocation period remain at one year.

Appellees subsequently filed a petition for review in the Commonwealth Court, challenging the Commission’s order on the following grounds: (1) that the Commission committed an abuse of discretion in revoking Appellees’ licenses because the Field Acknowledgements of Guilt operated as a settlement agreement precluding further action by the Commission; (2) that the regulations establishing the current duck limit were not properly published; (3) that because the Hearing Officer was a member of the Bureau of Law Enforcement of the Commission, the hearing commingled prosecutorial and adjudicative functions in the Commission; (4) that Appellees were treated differently than others; and (5) that the Commission abused its discretion by finding no mitigating circumstances.

The Commonwealth Court reversed and remanded, holding that the commingling of prosecutorial and adjudicative functions by the Commission violated our decision in Lyness v. State Board of Medicine, 529 Pa. 535, 605 A.2d 1204 (1992). The court further held that the constitutional infirmities of the case could be remedied by placing the prosecutorial functions in an individual or entity distinct from the individual performing the role of adjudicator. Marich v. Pennsylvania Game Commission, 163 Pa.Commw. 167, 170, 639 A.2d 1345, 1347 (1994). The Commonwealth Court did not address Appellees’ other issues.

The Commission contends that the Commonwealth Court’s reliance on Lyness is misplaced because the due process requirements of the Pennsylvania [4] or the United States Constitutions [5] do not protect the sport of hunting. [6]

[*230] Lyness involved an appeal by a physician whose license to practice medicine and surgery in Pennsylvania was revoked by the State Board of Medicine. The physician asserted that the same board determined that probable cause existed to bring formal charges against him and that his conduct warranted the revocation of his medical license. He contended that because the board acted as both prosecutor and adjudicator, his right to due process was violated.

We held that the right to pursue a livelihood or profession was a protected property right, thus triggering the protective mechanism of due process. Id., 529 Pa. at 542, 605 A.2d at 1207. We concluded that the procedures of the board clearly created an unconstitutional intermingling of the prosecutorial and adjudicatory functions in a single entity. Id. at 547, 605 A.2d at 1210. We also determined that a mere possibility of bias under Pennsylvania law is sufficient to raise the red flag of protection offered by the procedural guaranty of due process. Id. at 544, 605 A.2d at 1208.

In determining whether the requirements of due process set forth in Lyness are applicable to the instant case, we must keep in mind that due process is required under the Fourteenth Amendment of the United States Constitution only if the state seeks to deprive a person of a life, liberty or property interest. R. v. Com., Dept. of Public Welfare, 535 Pa. 440, 450, 636 A.2d 142, 147 (1994). We must therefore determine whether hunting is a liberty or property interest to which due process attaches. Should we determine that a protected liberty or property right was involved, we employ the methodology of the United States Supreme Court in Mathews v. Eldridge, 424 U.S. 319, 96 S.Ct. 893, 47 L.Ed.2d[*231] 18 (1976), to assess whether the state action offends the Fourteenth Amendment’s due process guarantees. [7]

To determine whether due process requirements apply, we must look not to the “weight” but to the nature of the interest at stake. Board of Regents of State Colleges v. Roth, 408 U.S. 564, 570-1, 92 S.Ct. 2701, 2706, 33 L.Ed.2d 548 (1972). We have held that

there exists a variety of interests which are difficult of definition but are nevertheless comprehended within the meaning of either “liberty” or “property” as meant in the Due Process Clause. These interests attain this constitutional status by virtue of the fact that they have been initially recognized and protected by state law, and [the United States Supreme Court has] repeatedly ruled that the procedural guarantees of the Fourteenth Amendment apply whenever the State seeks to remove or significantly alter that protected status.

R. v. Com., Dept. of Public Welfare, 535 Pa. 440, 451, 636 A.2d 142, 147 (1993), quoting, Paul v. Davis, 424 U.S. 693, 710-711, 96 S.Ct. 1155, 1165, 47 L.Ed.2d 405, 419 (1976) (footnote omitted). The Commonwealth Court overlooked this critical step in its analysis.

The recreational sport of hunting has not been recognized as a constitutionally protected liberty or property interest by state or federal law. Unlike a license to pursue a livelihood or engage in a profession, which has been held to be a property right protected by Article I, Section I of the Pennsylvania Constitution, Lyness, no cases have held that provisions of the federal or state constitutions establish or protect a right to hunt or trap or the right to engage in a particular sport. Moreover, Article I, Section 27 of the Pennsylvania Constitution provides that the Commonwealth shall conserve and[*232] maintain the natural resources and the public estate for the benefit of all the people.

Support for this proposition is found in Commonwealth v. Patsone, 231 Pa. 46, 79 A. 928 (1911), aff'd, 232 U.S. 138, 34 S.Ct. 281, 58 L.Ed. 539 (1914). Although the issue in Patsone was whether an act prohibiting unnaturalized foreign-born residents from hunting and from owning double-barreled shotguns was constitutional, the case is instructive on the status of hunting.

As stated by the learned trial judge: “The right to hunt game is but a privilege given by the Legislature, and is not an inherent right in the residents of the State.... [The State’s] power to regulate and prohibit the hunting and killing of game has always been conceded.” This subject has been a fruitful source of zealous intention to define and supervise wild birds, animals, game and fish; to regulate how they are to be preserved and taken, declare the open and closed season when they may be taken; the manner and amount of the killing; and the device, implement and method permitted: Com. v. Immel, 33 Pa.Superior Ct. 388; Com. v. McComb, 39 Pa.Superior Ct. 411.

Id., 231 Pa. at 48-49, 79 A. at 929.

In Baldwin v. Montana Fish and Game Commission, 436 U.S. 371, 98 S.Ct. 1852, 56 L.Ed.2d 354 (1978), the United States Supreme Court considered the status of hunting with respect to the privileges and immunities provision of Article IV, Section 2 and the equal protection provision of the Fourteenth Amendment of the United States Constitution. The Court held that a hunting license system which imposes more stringent requirements on non-resident hunters does not violate those provisions. The Court went on to say:

Whatever rights or activities may be fundamental under the Privileges and Immunities Clause, we are persuaded, and hold, that elk hunting by non-residents in Montana is not one of them.

Id. at 388, 98 S.Ct. at 1863.

Thus, we hold that hunting is not a property or liberty interest to which the full panoply of due process protections[*233] attach. This is not to say that the Commission has absolute discretion in revoking hunting and trapping licenses. The Administrative Agency Law, 2 Pa.C.S. § 101 et seq., applies to decisions affecting personal privileges and clearly requires procedural and judicial safeguards in the administrative process.

We acknowledge that the requirements of due process are not limited to the revocation of professional licenses. A driver’s license also cannot be revoked without the procedural due process required by the Fourteenth Amendment. Brewster v. Com., Dept. of Transp., 94 Pa.Commw. 277, 503 A.2d 497 (1986); Bell v. Burson, 402 U.S. 535, 539, 91 S.Ct. 1586, 1589, 29 L.Ed.2d 90 (1971). However, we find that an individual’s interest in driving an automobile far exceeds the interest involved in the sport of hunting. One cannot assume that every type of license administered by the state is afforded the same constitutional protections.

Since we conclude that Appellees’ interest is not constitutionally protected, a Mathews analysis is unnecessary.

Accordingly, because the Commonwealth Court erroneously extended the concept of procedural due process past the reaches of Lyness, we reverse and remand to the Commonwealth Court for a resolution of Appellees’ remaining issues.

MONTEMURO, J., is sitting by designation.
1

. The record discloses that although each Appellee possessed seven ducks over the legal limit, settlement was made for two ducks over the limit.

2

. The legislature has defined "acknowledgement of guilt” as a written statement admitting guilt, given by an accused individual to an officer or deputy officer along with the payment of a fine, which statement shall have the same force and effect as though the person executing it had a hearing before the proper authority and been convicted of the offense of which he is accused. 34 Pa.C.S. § 102.

3

. Appellees' license revocations were imposed pursuant to 34 Pa.C.S. § 2741(b)(1) which provides as follows:

(b) Violations. — In addition to any penalty and costs imposed by this title, the commission may revoke any hunting or furtaking license and deny any person the privilege to secure a license or to hunt or take furbearers anywhere in this Commonwealth, with or without a license, if the license or person:
(1) Has either been convicted or signed an acknowledgement of guilt of violating any of the provisions of this title for such periods as are specified in this subchapter.
4

. Due process rights emanate from Article I, Section I of the Pennsylvania Constitution. This section provides that "[a]ll men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuit of their own happiness." Pa. Const, art. I, § 1.

5

. The 14th Amendment to the United States Constitution provides, in pertinent part, “nor shall any state deprive any person of life, liberty, or

6

. See footnote 6 on page 230.[*230] property, without due process of law....” U.S. Const, amend. XIV, § 1.

6. As we have held that the requirements of Article I, Section I of the Pennsylvania Constitution are not distinguishable from those of the 14th Amendment, R. v. Com., Dept. of Public Welfare, 535 Pa. 440, 461-462, 636 A.2d 142, 152-153 (1993), we may apply the same analysis to both claims.

7

. The Mathews analysis consists of three distinct factors which must be considered: (1) the private interest that will be affected by the official action; (2) the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and, (3) the government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirements will entail. Id., 424 U.S. at 336, 96 S.Ct. at 903.