[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR68.37]

[Page 233-234]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
 PART 68--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF 
ALIENS, UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES, AND DOCUMENT FRAUD--Table of Contents
 
Sec. 68.37  Waiver of right to appear and failure to participate or to appear.

    (a) Waiver of right to appear. If all parties waive in writing their 
right to appear before the Administrative Law Judge or to present 
evidence or argument personally or by representative, it shall not be 
necessary 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 Hearing 
Officer 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 decision shall be based on them.
    (b) Dismissal--Abandonment by party. A complaint or a request for 
hearing may be dismissed upon its abandonment by the party or parties 
who filed it. A party shall be deemed to have abandoned a complaint or a 
request for hearing if:
    (1) A party or his or her representative fails to respond to orders 
issued by the Administrative Law Judge; or
    (2) Neither the party nor his or her representative appears at the 
time and place fixed for the hearing and either
    (i) 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
    (ii) Within ten (10) days after the time for hearing or within such 
other period as the Administrative Law

[[Page 234]]

Judge may allow, such party does not show good cause for such failure to 
appear.
    (c) Default--Failure to appear. A default decision, under 
Sec. 68.9(b), may be entered, with prejudice, against any party failing, 
without good cause, to appear at a hearing.

[54 FR 48596, Nov. 24, 1989. Redesignated and amended by Order No. 1534-
91, 56 FR 50053, 50056, Oct. 3, 1991; Order No. 1635-92, 57 FR 57672, 
Dec. 7, 1992]