---
kind: "section"
citation: "24 C.F.R. § 26.34"
title: "24"
number: "26.34"
heading: "Sanctions."
url: "https://uscodex.org/cfr/24/26.34"
---

# §26.34. Sanctions.

- (a) The ALJ may sanction a person, including any party or representative, for failing to comply with an order, rule, or procedure governing the proceeding; failing to prosecute or defend an action; or engaging in other misconduct that interferes with the speedy, orderly, or fair conduct of the hearing.
- (b) Any 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 compelling discovery, the ALJ may impose an appropriate sanction for such noncompliance, including, but not limited to, the following:
  - (1) Drawing an inference in favor of the requesting party with regard to the information sought;
  - (2) In the case of requests for admission, deeming any matter about which an admission is requested to be admitted;
  - (3) Prohibiting the party failing to comply with the order from introducing evidence concerning, or otherwise relying upon, testimony relating to the information sought; or
  - (4) **Striking any part of the pleadings or other submissions of the party failing to comply with the order.**
- (d) If a party fails to prosecute or defend an action brought under [subpart B](/cfr/24/subpartB.md) of this part, the ALJ may dismiss the action or may issue a decision against the non-prosecuting or defending party. Such decision of the ALJ shall constitute final agency action and shall not be appealable to the Secretary under [§ 26.52](/cfr/24/26.52.md) of this part.
- (e) The ALJ may refuse to consider any motion, request, response, brief, or other document that is not filed in a timely fashion.

## Notes

### Authority

Authority: 42 U.S.C. 3535(d).

### Source

Source: 73 FR 76833, Dec. 17, 2008, unless otherwise noted.