(or one or more of the commissioners or board members, if it is a multiheaded agency) or an administrative law judge. The APA states that is provision requiring hearings by agency heads of administrative law judges, "does not supersede the conduct of specified classes or proceedings... by or before boards or other employees specially provided for by or designed under statute." The most prominent use of this clause is the Immigration and Naturalization Service. In general, one called to be a witness by subpoena issued under APA guidelines is entitled to have representation by an attorney. This is not uniform, however. The Supreme Court has held that there is no constitutional right to counsel in noncriminal investigatory proceedings. Even the blanket right to counsel given by APA may not apply to all agencies. The Internal Revenue Service and the Securities and Exchange Commission have sought to restrict the right of person called as witnesses in investigatory proceedings to engage lawyers who appear as counsel for someone else in the hearing. The courts have been ambivalent in their reaction to such attempts to restrict the choice of counsel. One case holds that person required to testify in a tax investigation are not entitled to counsel connected with or retained by the taxpayer whose liability is under investigation. Important Supreme Court cases Goldberg v. Kelly In the case of Goldberg v. Kelly, 397 U.S. 254 (1970) decided March 23, 1970, the Supreme Court considered the issue of New York City residents receiving financial aid under Aid to Families with Dependent Children or the New York State general Home Relief Program who had brought suit challenging the adequacy of procedures for notice and hearing in connection with the termination of such aid. The three judges in the U.S. District Court for Southern New York entered judgment in favor of the plaintiffs. The defendant appealed. The United States Supreme Court ruled that procedural due process requires that a predetermination evidentiary hearing be held when public assistance payments were to be discontinued. The procedures followed by New York were constitutionally inadequate in that they failed to permit recipients to appear personally with or without counsel before the official who finally decided the continued eligibility and failing to permit recipient to present evidence to that official orally or to confront or cross-examine adverse witnesses. Welfare benefits are a matter of statutory entitlement for persons qualified to