---
kind: "section"
citation: "14 C.F.R. § 1264.128"
title: "14"
number: "1264.128"
heading: "Sanctions."
url: "https://uscodex.org/cfr/14/1264.128"
---

# §1264.128. Sanctions.

- (a) The presiding officer may sanction a person, including any party or representative for—
  - (1) Failing to comply with an order, rule, or procedure governing the proceeding;
  - (2) Failing to prosecute or defend an action; or
  - (3) **Engaging in other misconduct that interferes with the speedy, orderly, or fair conduct of the hearing.**
- (b) Any such sanction, including but not limited to those listed in paragraphs [(c)](#c), [(d)](#d), and [(e)](#e) of this section, shall reasonably relate to the severity and nature of the failure or misconduct.
- (c) When a party fails to comply with an order, including an order for taking a deposition, the production of evidence within the party's control, or a request for admission, the presiding officer may—
  - (1) Draw an inference in favor of the requesting party with regard to the information sought;
  - (2) In the case of requests for admission, deem each matter of which an admission is requested to be admitted;
  - (3) Prohibit the party failing to comply with such order from introducing evidence concerning, or otherwise relying upon testimony relating to, the information sought; and
  - (4) Strike any part of the pleadings or other submissions of the party failing to comply with such request.
- (d) If a party fails to prosecute or defend an action under this part commenced by service of a notice of hearing, the presiding officer may dismiss the action or may issue an initial decision imposing penalties and assessments.
- (e) The presiding officer may refuse to consider any motion, request, response, brief, or other document which is not filed in a timely fashion.

## Notes

### Authority

Authority: 31 U.S.C. 3809, 51 U.S.C. 20113(a).

### Source

Source: 52 FR 39498, Oct. 22, 1987, unless otherwise noted.