(a) Setting time and place. Upon the filing of an answer or upon the expiration of the time for its filing, the presiding officer of the adjudicatory panel shall order a scheduling conference to be held, setting a time and place for the hearing and giving notice of such hearing by certified mail to the judge at least 30 days prior to the date set. In the event the hearing must be rescheduled and/or held at a different location than was originally noticed, the presiding officer of the adjudicatory panel shall give reasonable notice to the parties consistent with due process rights. (b) Proceeding on time; absence of answer or appearance. At the time and place set for hearing, the adjudicatory panel shall proceed with the hearing whether or not the judge has filed an answer or appears at the hearing. (c) Presentation of case; failure to answer, appear, or testify. Disciplinary counsel has the burden of proving, by clear and convincing evidence, the facts justifying discipline in conformity with the formal statement of allegations made against the judge. Disciplinary counsel shall present the case in support of the allegations made against the judge set forth in the notice of formal proceedings together with such supplementation of allegations made against the judge as have been made and noticed prior to the date of the hearing. The failure of the judge to answer or to appear at the hearing shall not, standing alone, be taken as evidence of the truth of the facts alleged to constitute grounds for suspension, censure, removal, or retirement. The failure of the judge to testify or to submit to an examination ordered by a panel may be considered, unless it appears that such failure was due to circumstances beyond the judge's control. (d) The proceedings at the hearing shall be reported verbatim, stenographically or by any other means determined appropriate by the presiding officer of the adjudicatory panel. (e) All members of the adjudicatory panel shall be present at the adjudicatory hearing. (f) If a complaint has been dismissed, the allegations made in that complaint shall not be used for any purpose in any judicial disciplinary proceedings against the judge unless it forms a basis of an allegation or set of allegations indicating a pattern of misconduct or disability. If additional information becomes known to disciplinary counsel regarding a complaint that has been dismissed before the filing of formal proceedings, the allegations may be reinvestigated at the direction of an investigatory panel. Adopted January 8, 2014, effective April 1, 2014.