49 CFR · Transportation
§ 5.73 — Avoiding bias.
eCFR · current through Jul 22, 2026
§ 5.73 Avoiding bias. Consistent with all applicable laws and ethical standards relating to recusals and disqualifications, no Federal employee or contractor may participate in a DOT enforcement action in any capacity, including as ALJ, adjudication counsel, adversarial personnel, or decisional personnel, if that person has:
(a)A financial or other personal interest that would be affected by the outcome of the enforcement action;
(b)Personal animus against a party to the action or against a group to which a party belongs;
(c)Prejudgment of the adjudicative facts at issue in the proceeding; or
(d)Any other prohibited conflict of interest.
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Nearby Sections
11
§ 5.63
Clear legal foundation.§ 5.69
Fair notice.§ 5.71
Separation of functions.§ 5.73
Avoiding bias.§ 5.81
The hearing record.