ecuse himself, the advertisers associations petitioned the district court to disqualify him. 627 F.2d at 1155.
The district court ordered the chairman disqualified. The court held that under Cinderella Career & Finishing Schools, Inc. v. FTC, 425 F.2d 583 (D.C. Cir. 1970), the chairman was disqualified from participating in the rulemaking proceedings because he had prejudged the particular factual issues that would be involved in the proceedings. Although Cinderella involved an adjudicative hearing of an appeal from an administrative law judge's opinion, the district court here held that the standard of conduct established in Cinderella governs agency decisionmakers participating in Section 18 proceedings, which define unfair or deceptive acts or practices. The district court said that a Section 18 proceeding is partly legislative and partly adjudicative, making Cinderella applicable. 627 F.2d at 1159.
The D.C. Court of Appeals disagreed with the district court's holding. Looking to the Administrative Procedure Act (
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