[Code of Federal Regulations] [Title 15, Volume 3] [Revised as of January 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 15CFR904.211] [Page 46] TITLE 15--COMMERCE AND FOREIGN TRADE CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE PART 904--CIVIL PROCEDURES--Table of Contents Subpart C--Hearing and Appeal Procedures Sec. 904.211 Failure to appear. (a) If a party fails to appear after proper service of notice, the hearing may proceed. A notation of failure to appear will be made in the record, and the hearing may be conducted with the parties then present, or may be terminated if the Judge determines that proceeding with the hearing will not aid the decisional process. (b) The Judge will place in the record all the facts concerning the issuance and service of the notice of time and place of hearing. (c) The Judge may deem a failure of a party to appear after proper notice a waiver of any right to a hearing and consent to the making of a decision on the record.