A customer of Active Auto Sales, managed by Mr. James, complained to the Ministry that the company had turned back the odometer on a vehicle that it sold to him. After investigating this complaint, the Ministry determined that turning back odometers was standard practice for this dealership. The company was charged and convicted of fraud, but no charges were laid against Mr. James. Despite this, the registrar recommended to the Board that it revoke Mr. James' licence to sell cars, as well as the licence of his employer, on the grounds that Mr. James had to be involved in the fraudulent activity given his position in the company.

The Board is going to hold a hearing to decide whether to accept the registrar's recommendation to revoke the two licenses. In addition to arguing that he was unaware of the illegal activities, Mr. James is going to argue that the Board is disqualified from deciding whether to revoke his licence because of institutional bias.

a. Acting as Mr. James' lawyer, write an argument that the Board is disqualified due to institutional bias.