A hearing need not be held if any of the following occurs:

1. (1) The appellant waives the right to a hearing and elects to proceed under the alternative procedures governing documentary hearings as set forth in Subchapter E (relating to documentary hearings).
2. (2) The appellant enters into a negotiated resolution of the underlying ruling of the Board of Judges with the Bureau Director.
3. (3) The Bureau Director determines, after reviewing the appeal and/or stay documents, that there are no material facts in dispute.
4. (4) Subsections (a)—(c) supersede 1 Pa. Code § 35.101 (relating to waiver of hearing).