---
kind: "section"
citation: "4 C.F.R. § 28.24"
title: "4"
number: "28.24"
heading: "Sanctions."
url: "https://uscodex.org/cfr/4/28.24"
---

# §28.24. Sanctions.


The administrative judge may impose sanctions upon the parties as necessary to serve the ends of justice, including but not limited to the instances set forth in this section.

- (a) **Failure to comply with an order or subpoena.** When a party fails to comply with an order or subpoena (including an order for the taking of a deposition, for the production of evidence within the party's control, for an admission, or for production of witnesses), the administrative judge may:
  - (1) **Draw an inference in favor of the requesting party on the issue related to the information sought.**
  - (2) Prohibit the party failing to comply with such order or subpoena from introducing, or otherwise relying upon, evidence relating to the information sought.
  - (3) **Permit the requesting party to introduce secondary evidence concerning the information sought.**
  - (4) Strike any part of the pleadings or other submissions of the party failing to comply with such request.
- (b) **Failure to prosecute or defend.** If a party fails to prosecute or defend a petition, the administrative judge may dismiss the action with prejudice or rule for the petitioner.
- (c) **Failure to make timely filing.** The administrative judge may refuse to consider any motion or other action which is not filed in a timely fashion in compliance with this subpart.

## Notes

### Amendments

[58 FR 61992, Nov. 23, 1993, as amended at 68 FR 69301, Dec. 12, 2003]

### Authority

Authority: 31 U.S.C. 753.

### Source

Source: 58 FR 61992, Nov. 23, 1993, unless otherwise noted.

### Amendments

[58 FR 61992, Nov. 23, 1993, as amended at 68 FR 69301, Dec. 12, 2003]