§ 18.21 Party appearance and participation.
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Title 29 CFR: Labor › Part 18: RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES › Subpart A: General › § 18.21: § 18.21 Party appearance and participation.
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(a)
In general.
A party may appear and participate in the proceeding in person or through a representative.
(b)
Waiver of participation.
By filing notice with the judge, a party may waive the right to participate in the hearing or the entire proceeding. When all parties waive the right to participate in the hearing, the judge may issue a decision and order based on the pleadings, evidence, and briefs.
(c)
Failure to appear.
When a party has not waived the right to participate in a hearing, conference or proceeding but fails to appear at a scheduled hearing or conference, the judge may, after notice and an opportunity to be heard, dismiss the proceeding or enter a decision and order without further proceedings if the party fails to establish good cause for its failure to appear.
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