---
kind: "section"
citation: "7 C.F.R. § 1.328"
title: "7"
number: "1.328"
heading: "Sanctions."
url: "https://uscodex.org/cfr/7/1.328"
---

# §1.328. Sanctions.

- (a) The ALJ may sanction a person, including any party or representative for:
  - (1) Failing to comply with a lawful order, subpoena, or procedure;
  - (2) Failing to prosecute or defend an action; or
  - (3) **Engaging in other misconduct that interferes with the speedy, orderly, or fair conduct of the hearing.**
- (b) Any such sanction, including but not limited to those listed in paragraphs [(c)](#c), [(d)](#d), and [(e)](#e) of this section, shall reasonably relate to the severity and nature of the failure or misconduct.
- (c) When a party fails to comply with a subpoena or 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 admitted each item as to which an admission is requested;
  - (3) Prohibit the party failing to comply with such order from introducing evidence concerning, or otherwise relying upon testimony relating to the information sought;
  - (4) Strike any part of the pleadings or other submissions of the party failing to comply with such request; or
  - (5) Request that the Attorney General petition an appropriate district court for an order to enforce a subpoena.
- (d) If a party fails to prosecute or defend an action under this subpart commenced by service of a complaint, the ALJ may dismiss the action or enter an initial decision imposing penalties and assessments.
- (e) The ALJ may refuse to consider any motion or other action which is not filed in a timely fashion.

## Notes

### Authority

Authority: 31 U.S.C. 3801-3812.

### Source

Source: 56 FR 9582, Mar. 7, 1991, unless otherwise noted. Correctly designated at 57 FR 3909, Feb. 3, 1992.

### Authority

Authority: 5 U.S.C. 301, unless otherwise noted.