---
kind: "section"
citation: "43 C.F.R. § 45.46"
title: "43"
number: "45.46"
heading: "What sanctions may the ALJ impose for failure to comply with discovery?"
url: "https://uscodex.org/cfr/43/45.46"
---

# §45.46. What sanctions may the ALJ impose for failure to comply with discovery?

- (a) Upon motion of a party, the ALJ may impose sanctions under [paragraph (b)](#b) of this section if any party:
  - (1) Fails to comply with an order approving discovery; or
  - (2) Fails to supplement or amend a response to discovery under [§ 45.42(a)](/cfr/43/45.42.md?p=a).
- (b) The ALJ may impose one or more of the following sanctions:
  - (1) Infer that the information, testimony, document, or other evidence withheld would have been adverse to the party;
  - (2) Order that, for the purposes of the hearing, designated facts are established;
  - (3) Order that the party not introduce into evidence, or otherwise rely on to support its case, any information, testimony, document, or other evidence:
    - (i) That the party improperly withheld; or
    - (ii) That the party obtained from another party in discovery;
  - (4) Allow another party to use secondary evidence to show what the information, testimony, document, or other evidence withheld would have shown; or
  - (5) **Take other appropriate action to remedy the party's failure to comply.**

## Notes

### Authority

Authority: 16 U.S.C. 797(e), 811, 823d.

### Source

Source: 80 FR 17194, Mar. 31, 2015, unless otherwise noted.