- 30 - Thus, while the remark complained of by petitioners may sound harsh standing alone, it was made in the context of a review which went on to consider and accurately to summarize the particular reasons for the result reached in the earlier matter. Moreover, as the facts found above indicate, Mr. Skidmore then proceeded to grant repeated requests from petitioners for more time to prepare for the hearing and to submit updated financial information. His notes also document and discuss his analysis of the financial materials ultimately provided by petitioners, commenting in detail about specific items and why they continued to fall short of establishing petitioners’ qualification for collection alternatives. This accommodation of petitioners’ scheduling needs and careful review of the particular evidence offered indicates a willingness to consider anew the merits of petitioners’ then-existing circumstances and is the antithesis of prejudgment. The second factual point emphasized by petitioners in their quest to show bias is the timing of Mr. Skidmore’s conclusion that a determination letter should be issued; i.e, that the decision was made on the same day as the hearing was held. Again, however, the record reveals nothing inappropriate. Petitioners submitted their financial documentation prior to the hearing and offered nothing further at the conference that would justify delay for additional review. Mr. Skidmore’s notes withPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011