---
kind: "section"
citation: "45 C.F.R. § 1174.31"
title: "45"
number: "1174.31"
heading: "Sanctions for misconduct."
url: "https://uscodex.org/cfr/45/1174.31"
---

# §1174.31. Sanctions for misconduct.

- (a) 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.
- (b) Any such sanction shall reasonably relate to the severity and nature of the misconduct.
- (c) 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:
  - (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 for 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 filed by the party failing to comply with such a request.
- (d) The ALJ may refuse to consider any motion, request, response, brief or other document which is not filed in a timely fashion.
- (e) 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

### 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.