---
kind: "section"
citation: "28 C.F.R. § 76.26"
title: "28"
number: "76.26"
heading: "Sanctions."
url: "https://uscodex.org/cfr/28/76.26"
---

# §76.26. Sanctions.

- (a) As necessary to meet the ends of justice, the Judge may impose sanctions upon any party or a party's counsel, including, but not limited to sanctions based upon the following reasons:
  - (1) Failure to comply with an order, rule, or procedure governing the proceeding;
  - (2) Failure to prosecute 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 Judge may, as appropriate under law:
  - (1) Draw an inference in favor of the requesting party with regard to the information sought;
  - (2) In the case of requests for admission as to unprivileged matters, deem admitted each matter of which an admission is requested;
  - (3) Prohibit the party failing to comply with such order from introducing evidence concerning, or otherwise relying upon, testimony relating to the information sought;
  - (4) Strike any appropriate part of the pleadings or other submissions of the party failing to comply with such order; and
  - (5) **Permit the requesting party to introduce secondary evidence concerning the information sought.**
- (d) If a party fails to prosecute an action under this part commenced by service of a notice of hearing, the Judge may dismiss the action.
- (e) If a respondent who has requested a hearing pursuant to [28 CFR 76.4](/cfr/28/76.4.md), and who has been served with a Notice of a Hearing under [28 CFR 76.6](/cfr/28/76.6.md), fails to appear at the hearing, absent good cause shown by the respondent, the Judge may issue an initial decision imposing a penalty.
- (f) The Judge 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; 21 U.S.C. 844a, 875, 876; 28 U.S.C. 509, 510,; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 104-134, 110 Stat. 1321.

### Source

Source: Order No. 1462-90, 56 FR 1089, Jan. 11, 1991, unless otherwise noted.