In General. A party may waive the right to appear personally at the hearing. A waiver may be made: Orally to the Secretary; or In writing and filed with the Secretary. Withdrawal. A waiver may be withdrawn only by written notice received by the Secretary at least 5 days before the earlier of: The scheduled hearing; or The date that applicable law permits for the issuance of the Secretary's decision. Not a Default. If a party has filed a waiver under this regulation, the failure of that party to appear personally or by representative may not result in a finding of default.