20 CFR § 702.346 - Formal hearings; waiver of right to appear.
---identifier: "/us/cfr/t20/s702.346"source: "ecfr"legal_status: "authoritative_unofficial"title: "20 CFR § 702.346 - Formal hearings; waiver of right to appear."title_number: 20title_name: "Employees' Benefits"section_number: "702.346"section_name: "Formal hearings; waiver of right to appear."chapter_name: "OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR"subchapter_number: "A"subchapter_name: "LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT AND RELATED STATUTES"part_number: "702"part_name: "ADMINISTRATION AND PROCEDURE"positive_law: falsecurrency: "2026-04-05"last_updated: "2026-04-05"format_version: "1.1.0"generator: "[email protected]"authority: "5 U.S.C. 301, and 8171 33 U.S.C. 901 42 U.S.C. 1651 43 U.S.C. 1333; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263; Secretary's Order 10-2009, 74 FR 58834."regulatory_source: "38 FR 26861, Sept. 26, 1973, unless otherwise noted."cfr_part: "702"---
Identifier
/us/cfr/t20/s702.346
Currency
2026-04-05
Positive Law
No
Updated
2026-04-05
Chapter
Office of Workers' Compensation Programs, Department of Labor
Authority
5 U.S.C. 301, and 8171 33 U.S.C. 901 42 U.S.C. 1651 43 U.S.C. 1333; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701; Reorganization Plan N... 5 U.S.C. 301, and 8171 33 U.S.C. 901 42 U.S.C. 1651 43 U.S.C. 1333; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263; Secretary's Order 10-2009, 74 FR 58834.
# 702.346 Formal hearings; 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.