§ 210.17Failures to act other than the statutory forms of default.
Failures to act other than the defaults listed in § 210.16 may provide a basis for the presiding administrative law judge or the Commission to draw adverse inferences and to issue findings of fact, conclusions of law, determinations (including a determination on violation of section 337 of the Tariff Act of 1930), and orders that are adverse to the party who fails to act. Such failures include, but are not limited to:
(a) Failure to respond to a motion that materially alters the scope of the investigation or a related proceeding;
(b) Failure to respond to a motion for temporary relief pursuant to § 210.59;
(c) Failure to respond to a motion for summary determination under § 210.18;
(d) Failure to appear at a hearing before the administrative law judge after filing a written response to the complaint or motion for temporary relief, or failure to appear at a hearing before the Commission;
(e) Failure to file a brief or other written submission requested by the administrative law judge or the Commission during an investigation or a related proceeding;
(f) Failure to respond to a petition for review of an initial determination, a petition for reconsideration of an initial determination, or an application for interlocutory review of an administrative law judge's order;
(g) Failure to file a brief or other written submission requested by the administrative law judge or the Commission; and
(h) Failure to participate in temporary relief bond forfeiture proceedings under § 210.70.
The presiding administrative law judge or the Commission may take action under this rule sua sponte or in response to the motion of a party.
Title 19 published on 2013-04-01
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