10.76—Decision of Administrative Law Judge.
        
        (a) In general—
        
        (1) Hearings.
         Within 180 days after the
conclusion of a hearing and the receipt of any
proposed findings and conclusions timely submitted
by the parties, the Administrative Law Judge
should enter a decision in the case. The decision
must include a statement of findings and
conclusions, as well as the reasons or basis for
making such findings and conclusions, and an order
of censure, suspension, disbarment, monetary
penalty, disqualification, or dismissal of the
complaint.
    
    
        
        (2) Summary adjudication.
         In the
 event that a motion for summary adjudication is
 filed, the Administrative Law Judge should rule on
 the motion for summary adjudication within 60 days
 after the party in opposition files a written
 response, or if no written response is filed,
 within 90 days after the motion for summary
 adjudication is filed. A decision shall thereafter
 be rendered if the pleadings, depositions,
 admissions, and any other admissible evidence show
 that there is no genuine issue of material fact
 and that a decision may be rendered as a matter of
 law. The decision must include a statement of
 conclusions, as well as the reasons or basis for
 making such conclusions, and an order of censure,
 suspension, disbarment, monetary penalty,
 disqualification, or dismissal of the
 complaint.
    
    
        
        (3) 
        
            Returns and return
 information. In the decision, the
 Administrative Law Judge should use the code
 assigned to third party taxpayers (described in  §
 10.72(d) ).
    
    
        
        (b) Standard of proof.
         If the
 sanction is censure or a suspension of less than
 six months' duration, the Administrative Law
 Judge, in rendering findings  and
 conclusions, will consider an allegation of fact
 to be proven if it is established by the party who
 is alleging the fact by a preponderance of the
 evidence in the record. If the sanction is a
 monetary penalty, disbarment or a suspension of
 six months or longer duration, an allegation of
 fact that is necessary for a finding against the
 practitioner must be proven by clear and
 convincing evidence in the record. An allegation
 of fact that is necessary for a finding of
 disqualification against an appraiser must be
 proven by clear and convincing evidence in the
 record.
    
    
        
        (c) Copy of decision.
         The
 Administrative Law Judge will provide the decision
 to the Director of the Office of Professional
 Responsibility, with a copy to the Director's
 authorized representative, and a copy of the
 decision to the respondent or the respondent's
 authorized representative.
    
    
        
        (d) When final.
         In the absence of
 an appeal to the Secretary of the Treasury or
 delegate, the decision of the Administrative Law
 Judge will, without further proceedings, become
 the decision of the agency 30 days after the date
 of the Administrative Law Judge's decision.
    
    
        
        (e) Effective/applicability date.
         
 This section is applicable to proceedings
 initiated on or after September 26, 2007.