; and (ii) facilitate the provision to such individual and counsel of a copy of any Record of Proceeding that is in the possession of the Department of Homeland Security, the Department of Health and Human Services, or the Department of Justice (other than documents protected from disclosure under section 552(b) of title 5, United States Code). (4) Restriction A proceeding described in subsection (a) may not commence before the date that is 10 days after the date on which the individual, or the individual's counsel, has received all of the documents described in paragraph (3), in order to review and assess such documents, unless the individual or his or her counsel knowingly and voluntarily waives such restriction. (e) Appointment of counsel (1) Notification requirement If an individual who is entitled to representation under this section is not represented by counsel, the adjudicatory official shall— (A) notify the Local Administrator appointed pursuant to section 206(k)(3) of the Fairness to Freedom Act of 2023 (or the designee of the Local Administrator) that such individual is not represented by counsel; and (B) advise such individual— (i) of his or her right to be represented by counsel; and (ii) that such counsel will be appointed if such person is financially unable to obtain counsel. (2) Waiver An individual's right to be represented by appointed counsel may only be waived by the individual— (A) in the physical presence of appointed counsel; (B) if such waiver is knowing and voluntary; and (C) if the individual demonstrates that he or she— (i) understands the nature of any charges and the possible defenses and outcomes; and (ii) possesses the knowledge and intelligence necessary to conduct his or her own defense. (3) Appeal of waiver