Section 98.9 - Decision if hearing waived(a) If the former employee waives or, in accordance with § 98.5(b) of this part, is deemed to have waived a hearing under this part, the examiner shall, after review of the record as it exists, make a decision as to whether the former employee is in violation of 18 U.S.C. 207 .(b) In a decision under paragraph (a) of this section, the requirements of § 98.8 of this part apply.