---
kind: "section"
citation: "29 C.F.R. § 18.21"
title: "29"
number: "18.21"
heading: "Party appearance and participation."
url: "https://uscodex.org/cfr/29/18.21"
---

# §18.21. Party appearance and participation.

- (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.

## Notes

### Source

Source: 80 FR 28785, May 19, 2015, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301; 5 U.S.C. 551-553; 5 U.S.C. 571 note; E.O. 12778; 57 FR 7292.

### Source

Source: 48 FR 32538, July 15, 1983, unless otherwise noted.