Sure, and it won't take long. We have considerable jurisprudence on this point through administrative law's “reasonable apprehension of bias” test, which is used by administrative decision-makers and regulators, by quasi-judicial and policy-based entities. So we have a lot of basis to say when, in the eyes of a reasonable person, there is the perception of a lack of impartiality.
That's what I think the conflict of interest provisions are getting at, where there is a possibility that a private interest has undermined public confidence in the exercise of public authority. For the same reason, in that legal standard we don't say you have to prove bias. We say it would be too onerous, too unpredictable to actually prove what's in the heart and mind of a person. So the reasonable apprehension, the mix of that objective standard, has to be a reasonable observer's view, not a partisan observer's view. This is a check on its being abused.
If we have confidence in the commissioner, I believe that an apprehension, a perception standard, can be added in a way that enhances public confidence but doesn't undermine fairness.