§1174.31. Sanctions for misconduct.
45 C.F.R. § 1174.31
The ALJ may sanction a person, including any party or representative, for failing to comply with an order, or for engaging in other misconduct that interferes with the speedy, orderly, and fair conduct of a hearing.
Any such sanction shall reasonably relate to the severity and nature of the misconduct.
When a party fails to comply with an order, including an order for taking a deposition, producing evidence within the party's control, or responding to a request for admission, the ALJ may:
Draw an inference in favor of the requesting party with regard to the information sought;
In the case of requests for admission, deem each matter for which an admission is requested to be admitted;
Prohibit the party failing to comply with such order from introducing evidence concerning, or otherwise relying upon testimony relating to, the information sought; and
Strike any part of the pleadings or other submissions filed by the party failing to comply with such a request.
The ALJ may refuse to consider any motion, request, response, brief or other document which is not filed in a timely fashion.
If a party fails to prosecute or defend an action under this part that is commenced by service of a hearing notice, the ALJ may dismiss the action or may issue an initial decision imposing penalties and assessments.
Notes, amendments, and revision history
Authority
Authority: 31 U.S.C. 3801-3812; 5 U.S.C. App. 8G(a)(2).
Source
Source: 86 FR 44628, Aug. 13, 2021, unless otherwise noted.