Administrative Law

Editor:
Daniel R.E. Jordan, Esquire

Presumption is against bias. Buescher Memorial Home, Inc., et al. v. Missouri State Board of Embalmers and Funeral Directors, No. 75907 (Mo. App. E.D., November 15, 2013), Pfeiffer, P.J.

Appellant licensee argued that a preponderance of the evidence showed an appearance of impropriety in administrative adjudication.

Held
: Administrative Hearing Commission affirmed. Administrative decision is presumed correctly made, and to show bias of decision-maker requires clear and convincing evidence “‘that the decision maker is unable to judge the particular case fairly.’ . . . (emphasis added).”