Regulation .03 Burden of Proof.

An ALJ who has been notified of charges may file a written appeal with the Chief ALJ within 10 days after the Chief ALJ notifies the ALJ of the charges.

If the ALJ does not file a timely appeal, or does not appear at the scheduled hearing, the charges may be upheld.

On appeal, the Office bears the burden of proving the charges by a preponderance of the evidence.