concurring and dissenting.
I agree with the majority that the statute under review clearly entrusts the factfinding function to the Secretary or his designee, in this case, the Director of the Office of Hearings and Appeals, and not to the individual hearing examiner. Our decision in Peak v. Com., Unemployment Compensation Board, 509 Pa. 267, 501 A.2d 1383 (1985), is controlling and *464compels the conclusion that such a statutory review process is permissible and that it satisfies due process.
However, Appellant complains that he was denied his constitutional right to due process when, during his administrative hearing, he was not permitted to confront his accuser. I must agree with his position and I, therefore, dissent.
During Appellant’s expungement hearing, the testimony of his daughter, the alleged sexual abuse victim, was taken in camera over his objection that he was being denied his right of confrontation and effective cross-examination. No claim was ever made that his daughter would be unable to testify when faced by Appellant, and no reason was given for denying Appellant’s request. Furthermore, the guardian ad litem appointed to represent the child witness acknowledged that, although the daughter was apprehensive, she understood that she would be facing Appellant, and she was prepared to do so. After Appellant’s objection was overruled, a continuance was requested so that an appeal could be taken from this determination. This request was similarly denied.
Appellant was given the opportunity to review the transcript of the daughter’s direct testimony prior to cross-examination. However, during cross-examination, Appellant’s attorney requested an opportunity to review the notes of testimony with Appellant. This request was also denied by the hearing examiner.
Appellant contends that the right to confrontation is a due process right guaranteed by the Pennsylvania Constitution which extends to administrative as well as criminal proceedings.
This Court has held that the right of confrontation guaranteed to criminal defendants by Article I, § 9, of the Pennsylvania Constitution mandates that testimony in criminal proceedings be given face-to-face. Commonwealth v. Ludwig, 527 Pa. 472, 594 A.2d 281 (1991); Commonwealth v. Lohman, 527 Pa. 492, 594 A.2d 291 (1991).
In Ludwig, a sexual abuse case, the accuser, her foster mother, and the video camera operator were in a room sepa*465rate from the court room. The judge, prosecutor, defense counsel, defendant, and jury were all in the court room and linked to the child by microphone and video monitor. The child could not see people in the court room, but could hear them and respond to their questions.
In Lohman, also a case involving sexual abuse, the accusers gave their testimony in chambers in the presence of the judge, prosecutor, defense counsel, and camera operator. The jury was in the court room, and the defendant, without the jury’s knowledge, was in a separate room, able to communicate with his counsel over a direct two-way telephone line.
This court found that the procedures employed by the trial courts in Ludwig and Lohman violated the defendants’ guaranteed constitutional right to “face to face” confrontation. The question left for us to determine is whether this basic constitutional guarantee is mandated in administrative cases such as this, where the issue also involves an allegation of sexual abuse and where the procedures employed are more obtrusive to the factfinding process than those used in Ludwig and Lohman.
There should be little doubt that the basic principles of due process are fully applicable to hearings before administrative tribunals. Soja v. Pennsylvania State Police, 500 Pa. 188, 455 A.2d 613 (1982); Wiley v. Woods, 393 Pa. 341, 141 A.2d 844 (1958). Indeed, in almost every setting where important decisions turn on questions of fact, due process requires an opportunity to confront and to cross-examine adverse witnesses. Soja.
The United States Supreme Court has often elaborated on this principle.
Certain principles have remained relatively immutable in our jurisprudence. One of these is that where governmental action seriously injures an individual, and the reasonableness of the action depends on fact findings, the evidence used to prove the Government’s case must be disclosed to the individual so that he has opportunity to show that it is untrue. While this is important in the case of documentary *466evidence, it is even more important where the evidence consists of the testimony of individuals whose memory might be faulty or who, in fact, might be perjurers or persons motivated by malice, vindictiveness, intolerance, prejudice, or jealousy. We have formalized these protections in the requirements of confrontation and cross-examination. They have ancient roots. They find expression in the Sixth Amendment.... This Court has been zealous to protect these rights from erosion. It has spoken out not only in criminal cases, ... but also in all types of cases where administrative ... actions were under scrutiny. (Emphasis added).
Goldberg v. Kelly, 397 U.S. 254, 269, 90 S.Ct. 1011, 1021, 25 L.Ed.2d 287, 300 (1970).
Likewise, we have held that adjudicatory action cannot be validly taken by any tribunal, whether judicial or administrative, except upon a hearing wherein each party has the opportunity to know of the claims of his opponent, to hear the evidence introduced against him, to cross-examine witnesses, to introduce evidence on his own behalf, and to make argument. Callahan v. Pennsylvania State Police, 494 Pa. 461, 431 A.2d 946 (1981).
The primary interest secured by the confrontation clause is the right to cross-examination because it is through cross-examination that the credibility and truthfulness of a witness’ testimony are tested.
Another critical purpose of cross-examination is to draw out discrediting demeanor which may be viewed by the factfinder and used by the factfinder in his assessment of the credibility of the witness. For this reason the cross-examiner is permitted not only to delve into the witness’ direct testimony to test the witness’ perceptions and memory, but also to impeach and discredit the witness. This may be accomplished by revealing possible biases, prejudices, or other ulterior motives as they might relate directly to issues or personalities in the case.
*467When the right to cross-examination is hindered, as in the present case, the entire fact finding process becomes confused and its reliability is drawn into question. Here, Appellant’s counsel was prohibited from contacting Appellant during cross-examination. When Appellant’s counsel had completed as much cross-examination as was possible, he noted to the hearing examiner that key items were divulged during cross-examination which were never discussed during direct examination. Based on this, counsel requested an opportunity to print a set of testimony notes to be reviewed with Appellant. Counsel’s request was denied. This frustrated the cross-examination process since Appellant had no opportunity to give input to counsel regarding the witness’ testimony.
More importantly, Appellant was denied the ability to see the witness testify, hear the testimony against him, or adequately communicate with his counsel regarding that testimony.
What we said in Ludwig is particularly relevant in cases like this. “We are cognizant of society’s interest in protecting victims of sexual abuse. However, that interest cannot be preeminent over the accused’s constitutional right to confront the witnesses against him face to face.” 527 Pa. at 480, 594 A.2d at 285.
I believe that the nature of this case and its similarity to Ludwig and Lohman requires similar treatment. The unjustifiable limitations placed upon Appellant would never have been permitted in a criminal proceeding and cannot be permitted in an administrative hearing, the outcome of which can have serious repercussions for Appellant. The indicated report of child abuse carries with it a finding of fact that Appellant committed “serious physical or mental injury” on his daughter. This report, if not expunged, is evidence which can be released to others who are investigating alleged instances of child abuse allegedly committed by Appellant, such as other child protective services, the Attorney General, courts, law enforcement officers and the other specified individuals listed at 23 Pa.C.S. § 6340. Since this information can *468be used in the course of criminal investigations (23 Pa.C.S. §§ 6340(a)(9), (10),1 we would be remiss if we did not insure that the findings of child abuse are as reliable as possible, as when an accused confronts his accuser and participates in the cross-examination. Neither of these basic truth-testing devices were available to Appellant and require a reversal.
The scholarly attempt of the majority opinion to deny Appellant a basic human right, a level playing field, obfuscates the simple fact that Appellant’s reputation and livelihood are placed in great jeopardy by the permanent recording of an Indicated Report of Abuse. Such a report, available to so many public agencies, in effect convicts the Appellant and sentences him to a denial of employment opportunities in areas where children are concerned.
Accordingly, I dissent and would reverse the order of the Commonwealth Court and remand for a new hearing.
. 23 Pa.C.S. § 6340(a) provides in pertinent part:
(a) General rule — Reports ... shall only be made available to:
(9) Law enforcement officials in the course of investigating cases of:
(i) Homicide, sexual abuse, sexual exploitation or serious bodily injury perpetrated by persons whether or not related to the victim.
(ii) Child abuse perpetrated by persons who are not family members.
(iii) Repeated physical injury to a child under circumstances which indicated that the child’s health or welfare is harmed or threatened. (10) Law enforcement officials who shall receive reports of abuse in which the initial review gives evidence that the abuse is homicide, sexual abuse, sexual exploitation or serious bodily injury perpetrated by persons whether or not related to the victim, or child abuse perpetrated by persons who are not family members.