---
kind: "section"
citation: "33 C.F.R. § 20.607"
title: "33"
number: "20.607"
heading: "Sanctions for failure to comply."
url: "https://uscodex.org/cfr/33/20.607"
---

# §20.607. Sanctions for failure to comply.


If a party fails to provide or permit discovery, the ALJ may take such action as is just. This may include the following:

- (a) **Infer that the testimony, document, or other evidence would have been adverse to the party.**
- (b) **Order that, for the purposes of the proceeding, designated facts are established.**
- (c) **Order that the party not introduce into evidence—** or otherwise rely upon, in support of any claim or defense—the evidence that was withheld.
- (d) Order that the party not introduce into evidence, or otherwise use in the hearing, information obtained in discovery.
- (e) **Allow the use of secondary evidence to show what the evidence withheld would have shown.**

## Notes

### Authority

Authority: 33 U.S.C. 1321; 42 U.S.C. 9609; 46 U.S.C. 7701, 7702; Department of Homeland Security Delegation No. 0170.1, para. 2(73).

### Source

Source: CGD 98-3472, 64 FR 28062, May 24, 1999, unless otherwise noted.