---
kind: "section"
citation: "43 C.F.R. § 4.831"
title: "43"
number: "4.831"
heading: "Sanctions."
url: "https://uscodex.org/cfr/43/4.831"
---

# §4.831. Sanctions.

- (a) A party, upon reasonable notice to other parties and all persons affected thereby, may move for an order as follows:
  - (1) If a deponent fails to answer a question propounded or submitted under [§ 4.827(c)](/cfr/43/4.827.md?p=c), or a corporation or other entity fails to make a designation under [§ 4.827(b)(3)](/cfr/43/4.827.md?p=b-3), or a party fails to answer an interrogatory submitted under [§ 4.829](/cfr/43/4.829.md), or if a party, under [§ 4.830](/cfr/43/4.830.md) fails to respond that inspection will be permitted or fails to permit inspection, the discovering party may move for an order compelling an answer, a designation, or inspection.
  - (2) **An evasive or incomplete answer is to be treated as a failure to answer.**
- (b) If a party or an agent designated to testify fails to obey an order to permit discovery, the administrative law judge may make such orders as are just, including:
  - (1) That the matters regarding which the order was made or any other designated facts shall be established in accordance with the claim of the party obtaining the order;
  - (2) Refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting the administrative law judge from introducing designated matters in evidence.
- (c) If a party or an agent designated to testify fails after proper service (1) to appear for their deposition, (2) to serve answers or objections to interrogatories submitted under § [4.829](/cfr/43/4.829.md) or [(3)](/cfr/43/4.829.md?p=3) to serve a written response to a request for inspection, submitted under [§ 4.830](/cfr/43/4.830.md), the administrative law judge on motion may make such orders as are just, including those authorized under [paragraphs (b)](#b) (1) and (2) of this section.

## Notes

### Amendments

[38 FR 21162, Aug. 6, 1973, as amended at 90 FR 2427, Jan. 10, 2025]

### Authority

Authority: 43 CFR 17.8 and 5 U.S.C. 301.

### Source

Source: 38 FR 21162, Aug. 6, 1973, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.

### Source

Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.

### Amendments

[38 FR 21162, Aug. 6, 1973, as amended at 90 FR 2427, Jan. 10, 2025]