In Department of Transportation, Bureau of Driver Licensing v. Clayton, 546 Pa. 342, 684 A.2d 1060 (1996), the licensee suffered a grand mal epileptic seizure, and his treating physician provided DOT with a convulsive disorder form indicating that the licensee had the seizure, was being treated with daily medication and was competent to drive a motor vehicle. After receiving the report, DOT recalled the licensee's operating privilege pursuant to 75 Pa. C.S. 1519(c) and 67 Pa. Code 83.4. At the time, 67 Pa. Code 83.4 provided for the recall of a person's driving privilege for a period of one year following an epileptic seizure irrespective of whether that person's treating physician had determined that the licensee was competent to drive a vehicle. On appeal, the licensee argued that the regulation's mandatory minimum one-year suspension violated due process. The trial court agreed and sustained the licensee's appeal; this court affirmed. On further appeal, our supreme court also affirmed, holding that the regulation at issue created an impermissible irrebuttable presumption. In so holding, the court observed that a person who suffered a single seizure is presumed to be incompetent to drive for at least one year following that seizure, and, under the regulation, any medical evidence offered to rebut that presumption would be irrelevant, at least with the respect to the one-year recall. After stressing that procedural due process must be met before one's operating privilege can be revoked or recalled, the court in Clayton identified the essence of due process as a requirement for a meaningful hearing. The court then pointedly noted that when a hearing excludes consideration of an element essential to the decision of whether a license shall be recalled, it does not meet that standard. The court recognized the interest of DOT in protecting the physical well being of the public but determined that this was outweighed by a licensee's interest in his or her operating privilege, especially in light of the minimal burden to DOT in litigating such competency issues. The Court held that 67 Pa. Code 83.4(a), pertaining to driver's license recalls due to seizure disorders, created an irrebuttable presumption of incompetency to drive and violated due process. In Clayton, the licensee suffered a grand mal epileptic seizure. He had no prior history of seizure disorders. As a result, the Department recalled his driving privileges pursuant to 67 Pa. Code 83.4(a). He appealed the recall to the trial court and presented evidence from his treating physician that he did suffer a grand mal seizure but that he could still safely drive. The trial court sustained Clayton's appeal, and this Court and our Supreme Court both affirmed. Our Supreme Court held that 67 Pa. Code 83.49(a) created an impermissible irrebuttable presumption that a person who suffered from a seizure was incompetent to drive for a period of at least one year (now, six months) from the date of his last seizure. Any evidence that Clayton could present to attempt to rebut the presumption that he was unfit to drive was deemed irrelevant by the language of the regulation, which made the appeal process a sham and violated due process.