Section 25 Bias and Prejudice

• Library: Administrative Law 2011

The Supreme Court has long recognized that a “fair trial in a fair tribunal is a basic requirement of due process” applicable to administrative agencies. In re Murchison, 349 U.S. 133, 136 (1955); Gibson v. Berryhill, 411 U.S. 564, 579 (1973). A central requirement of due process in administrative proceedings is an impartial decision-maker. While presiding officers have wide latitude in conducting hearings, they are required to conduct them in an impartial manner. 5. U.S.C. § 556(b); Swift & Co. v. United States, 308 F.2d 849 (7^th Cir. 1962); Cella v. United States, 208 F.2d 783 (7^th Cir. 1953). The impartiality of a presiding officer may be challenged in an administrative proceeding so that even without evidence of actual bias or prejudice in the record, a decision may be annulled if the presiding officer:

had personal knowledge of relevant facts before the hearing;

initiated the investigation; or

caused the charges to be proffered.

Although...