United States Postal Service Domestic Return Receipt for Article Number 70001670 0003 5453 1952.
See note 3.Complaint; and (2) assessing Respondent a $50 civil penalty (Decision and Order byReason of Admission of Facts at 4).On May 24, 2004, the Hearing Clerk served Respondent with the ALJ’s Decisionand Order by Reason of Admission of Facts.
On June 28, 2004, Respondent appealed tothe Judicial Officer. Complainant failed to file a response to Respondent’s appeal petition, and on September 2, 2004, the Hearing Clerk transmitted the record to theJudicial Officer for consideration and decision.
CONCLUSION BY THE JUDICIAL OFFICER
The record establishes that the Hearing Clerk served Respondent with the ALJ’sDecision and Order by Reason of Admission of Facts on May 24, 2004.
Section1.145(a) of the Rules of Practice provides that an administrative law judge’s decisionmust be appealed to the Judicial Officer within 30 days after service, as follows:
§ 1.145 Appeal to Judicial Officer.
Filing of petition
. Within 30 days after receiving service of theJudge’s decision, a party who disagrees with the decision, or any partthereof, or any ruling by the Judge or any alleged deprivation of rights, mayappeal such decision to the Judicial Officer by filing an appeal petition withthe Hearing Clerk.7 C.F.R. § 1.145(a) (2002).