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In Association of National Advertisers, Inc. v. FTC, 627 F.2d 1151, 1170 (D.C.Cir.1979), cert. denied, 447 U.S. 921, 100 S.Ct. 3011, 65 L.Ed.2d 1113 (1980), the court held that an individual should be disqualified from rulemaking 'only when there has been a clear and convincing showing that the Department member has an unalterably closed mind on matters critical to the disposition of the proceeding.' See also Lead Industries Asso. v. EPA, 647 F.2d 1130, 1179-80 (D.C.Cir.), cert. denied, 449 U.S. 1042, 101 S.Ct. 621, 66 L.Ed.2d 503 (1980). This showing should focus on the agency member's prejudgment, if any, rather than a failure to weigh the issues fairly. 


In the context of adjudicatory proceedings, where due process requires a more thorough scrutiny of prejudgment bias and prejudice, see Association of National Advertisers, 627 F.2d at 1168-69, courts have declined to look to the adjudicator's decision in order to infer bias. See Jenkins v. Sterlacci, 849 F.2d 627, 634 n. 7 (D.C.Cir.1988) ('As a means of establishing actual bias, a court's efforts to relate a master's findings to extra-judicial actions that are sufficient to raise a substantial question about disqualification on the basis of ...

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