(a) Waiver of right to appear. If all parties waive their right to
appear before the administrative law judge or to present evidence or
argument personally or by representative, it shall not be necessary for
the administrative law judge to give notice of and conduct an oral
hearing. A waiver of the right to appear and present evidence and
allegations as to facts and law shall be made in writing and filed with
the Chief Administrative Law Judge or the administrative law judge.
Where such a waiver has been filed by all parties and they do not appear
before the administrative law judge personally or by representative, the
administrative law judge shall make a record of the relevant written
evidence submitted by the parties, together with any pleadings they may
submit with respect to the issues in the case. Such documents shall be
considered as all of the evidence in the case, and the decision shall be
based on them.
(b) Dismissal--Abandonment by Party. A request for hearing may be
dismissed upon its abandonment or settlement by the party or parties who
filed it. A party shall be deemed to have abandoned a request for
hearing if neither the party nor his or her representative appears at
the time and place fixed for the hearing and either (a) prior to the
time for hearing such party does not show good cause as to why neither
he or she nor his or her representative can appear or (b) within ten
(10) days after the mailing of a notice to him or her by the
administrative law judge to show cause, such party does not show good
cause for such failure to appear and fails to notify the administrative
law judge prior to the time fixed for hearing that he or she cannot
appear. A default decision, under Sec. 18.5(b), may be entered against
any party failing, without good cause, to appear at a hearing.
