FOLLOW THE HEARING OFFICER FOR PREJUDICE

   Prejudicial conduct is that conduct on the part of the hearing officer that defeats the concept of fair play and the object of an impartial hearing.

   Prejudice may be in the form of bias upon the part of the hearing officer: a tendency to ignore essential facts or consider new evidence in arriving at a final judgment; a tendency of thought favoring the carrier on any issue, an attitude for or against persons as distinguished from issues and rules; an obvious obligation to carrier personnel.

   Prejudice may be in an obvious form, wherein the hearing officer is abusive, or threatening, freely expresses his own ideas, is argumentative, or shows preconceived opinions.

   It may be in a more subtle form of restricting evidence, asking leading questions, making off the record remarks, or directing testimony toward favored channels.

   Even though many of enumerated prejudicial actions are sufficient to disqualify the hearing officer, the representative should carefully document these actions to prove prejudice.