An appointing authority may recommend to the Secretary of Transportation the discipline or termination of an Executive Service or Commission Plan employee. The Secretary shall review the request and, at the Secretary's discretion, approve or disapprove the recommended discipline or termination. After approval by the Secretary, the appointing authority shall send the employee written notice of the discipline or termination, and the appropriate appeal route, including the time frame for appeal to the Office of Administrative Hearings. Appeal of Discipline or Termination. An Executive Service or Commission Plan employee may appeal the discipline or termination in writing to the Office of Administrative Hearings within 15 days of receipt of the discipline or termination notice. However, the employee has the burden of proof at the Office of Administrative Hearings, and the hearing is limited to the legal and constitutional basis for the discipline or termination. If the employee does not appeal the action within 15 days or if the employee does not appear for a scheduled hearing, the action is final.