HAVE YOU RECEIVED A FAIR AND IMPARTIAL HEARING?

   You should realize by now that a fair and impartial investigation encompasses many written and unwritten benefits to which the defendant and his representative are entitled.

   It may be realized then that the question, "Have you been accorded a fair and impartial hearing?" may be the most important question asked at the hearing, especially if the decision of the hearing officer is to be appealed.

   It is true that some authorities do not place significance to this question, witness the recent decision:

   The waiving of objections of a technical nature to the conduct of a hearing was never meant to include the waiving of claimant's positive fundamental right in being afforded a fair and impartial trial. NRAB 1st Div. 17028

   Many referees and higher carrier officers have said this, in effect: While it is rue, as pointed out by the General Chairman, there are defects to the hearing, we are >f a mind they are not sufficiently serious since the defendant himself admitted he had eceived a fair hearing.

   "Have you received a fair and impartial investigation?" is a loaded question! If he hearing officer should ask: Have you had opportunity to bring in witnesses? to cross-examine? Have I brow-beaten you? or restricted your questioning? - these are ill fair questions deserving of an answer.

   Or maybe the conduct of the hearing has been such that you welcome this question. Your written protests, supplemented by oral argument, explain that the hearing has not been fair, since the charges were not sufficiently specific for you to prepare a defense, necessary witnesses (that you had previously requested) were not called, and the hearing officer refused to answer questions pertinent to the investigation.