---
kind: "section"
citation: "39 C.F.R. § 958.13"
title: "39"
number: "958.13"
heading: "Sanctions."
url: "https://uscodex.org/cfr/39/958.13"
---

# §958.13. Sanctions.

- (a) **In general.** The Presiding Officer may sanction a person, including any party, attorney or representative, for:
  - (1) Failing to comply with a lawful order or prescribed procedure;
  - (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) **Reasonableness.** 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) **Failure to comply with an order.** 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) Prohibit such party from introducing evidence concerning, or otherwise relying upon, testimony relating to the information sought;
  - (3) Permit the requesting party to introduce secondary evidence concerning the information sought; and
  - (4) Strike any part of the pleadings or other submissions of the party failing to comply with such request.
- (d) **Failure to prosecute or defend.** If a party fails to prosecute or defend an action under this part, the Presiding Officer may dismiss the action, or enter an order of default and an Initial Decision.
- (e) **Failure to file timely.** The Presiding Officer may refuse to consider any motion or other pleading, report, or response which is not filed in a timely fashion.

## Notes

### Authority

Authority: 39 U.S.C. 204, 401, 3001, 3018; 5 U.S.C. 554.

### Source

Source: 74 FR 18631, Apr. 24, 2009, unless otherwise noted.