---
kind: "section"
citation: "45 C.F.R. § 1149.55"
title: "45"
number: "1149.55"
heading: "What happens if I fail to comply with an order?"
url: "https://uscodex.org/cfr/45/1149.55"
---

# §1149.55. What happens if I fail to comply with an order?

- (a) 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 ALJ may:
  - (1) Draw an inference in favor of the requesting party with regard to the information sought;
  - (2) In the case of requests for admission, deem each matter of which an admission is requested to be admitted;
  - (3) Prohibit the party failing to comply with such order from introducing evidence concerning, or otherwise relying upon testimony relating to the information sought; and
  - (4) Strike any part of the pleadings or other submissions of the party failing to comply with such a request.
- (b) If a party fails to prosecute or defend an action under this part commenced by service of a notice of hearing, the ALJ may dismiss the action or may issue an initial decision imposing penalties and assessments.
- (c) The ALJ may refuse to consider any motion, request, response, brief or other document which is not filed in a timely fashion.

## Notes

### Authority

Authority: 5 U.S.C. App. 8G(a)(2); 20 U.S.C. 959; 28 U.S.C. 2461 note; 31 U.S.C. 3801-3812.

### Source

Source: 79 FR 67081, Nov. 12, 2014, unless otherwise noted.