---
kind: "section"
citation: "28 C.F.R. § 71.29"
title: "28"
number: "71.29"
heading: "Sanctions."
url: "https://uscodex.org/cfr/28/71.29"
---

# §71.29. Sanctions.

- (a) The ALJ may sanction a person, including any party or representative, for the following reasons:
  - (1) Failure to comply with an order, rule, or procedure governing the proceeding;
  - (2) Failure to prosecute or defend an action; or
  - (3) Engaging in other misconduct that interferes with the speedy, orderly, or fair conduct of the proceeding.
- (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 ALJ 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 ALJ may dismiss the action or may issue an initial decision imposing penalties and assessments.
- (e) The ALJ may refuse to consider any motion, request, response, brief or other document which is not filed in a timely fashion.

## Notes

### Authority

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 31 U.S.C. 3801-3812; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 104-134, 110 Stat. 1321.

### Source

Source: Order No. 1268-88, 53 FR 11646, Apr. 8, 1988, unless otherwise noted.