24 CFR 180.540 - Motion to compel discovery.

§ 180.540 Motion to compel discovery.

(a) If a deponent fails to answer a question propounded, or a party upon whom a discovery request has been made fails to respond adequately, objects to a request, or fails to produce documents or other inspection as requested, the discovering party may move the ALJ for an order compelling discovery in accordance with the request. The motion shall:

(1) State the nature of the request;

(2) Set forth the response or objection of the deponent or party upon whom the request was served;

(3) Present arguments supporting the motion; and

(4) Attach copies of all relevant discovery requests and responses.

(b) For the purposes of this section, an evasive or incomplete answer or response will be treated as a failure to answer or respond.

(c) In ruling on a motion under this section, the ALJ may enter an order compelling a response in accordance with the request, may issue sanctions under paragraph (d) of this section, or may enter a protective order under § 180.535.

(d)Sanctions. If a party fails to provide or permit discovery, the ALJ may take such action as is just, including but not limited to the following:

(1) Inferring that the admission, testimony, document, or other evidence would have been adverse to the party;

(2) Ordering that, for purposes of the adjudication, the matters regarding which the order was made or any other designated facts shall be taken to be established in accordance with the claim of the party obtaining the order;

(3) Prohibiting the party failing to comply with the order from introducing evidence concerning, or otherwise relying upon, documents or other evidence withheld;

(4) Ordering that the party withholding discovery not introduce into evidence, or otherwise use in the hearing, information obtained in discovery;

(5) Permitting the requesting party to introduce secondary evidence concerning the information sought;

(6) Striking any appropriate part of the pleadings or other submissions of the party failing to comply with such order; or

(7) Taking such other action as may be appropriate.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

§ 2000d-1

§ 3535 - Administrative provisions

§ 3601 - Declaration of policy

§ 3602 - Definitions

§ 3603 - Effective dates of certain prohibitions

§ 3604 - Discrimination in the sale or rental of housing and other prohibited practices

§ 3605 - Discrimination in residential real estate-related transactions

§ 3606 - Discrimination in the provision of brokerage services

§ 3607 - Religious organization or private club exemption

§ 3608 - Administration

§ 3608a - Collection of certain data

§ 3609 - Education and conciliation; conferences and consultations; reports

§ 3610 - Administrative enforcement; preliminary matters

§ 3611 - Subpoenas; giving of evidence

§ 3612 - Enforcement by Secretary

§ 3613 - Enforcement by private persons

§ 3614 - Enforcement by Attorney General

§ 3614-1

§ 3614a - Rules to implement subchapter

§ 3615 - Effect on State laws

§ 3616 - Cooperation with State and local agencies administering fair housing laws; utilization of services and personnel; reimbursement; written agreements; publication in Federal Register

§ 3616a - Fair housing initiatives program

§ 3617 - Interference, coercion, or intimidation

§ 3618 - Authorization of appropriations

§ 3619 - Separability

§ 5301 - Congressional findings and declaration of purpose

§ 5302 - General provisions

§ 5303 - Grants to States, units of general local government and Indian tribes; authorizations

§ 5304 - Statement of activities and review

§ 5305 - Activities eligible for assistance

§ 5306 - Allocation and distribution of funds

§ 5307 - Special purpose grants

§ 5308 - Guarantee and commitment to guarantee loans for acquisition of property

§ 5309 - Nondiscrimination in programs and activities

§ 5310 - Labor standards; rate of wages; exceptions; enforcement powers

§ 5311 - Remedies for noncompliance with community development requirements

§ 5312 - Use of grants for settlement of outstanding urban renewal loans of units of general local government

§ 5313 - Reporting requirements

§ 5314 - Consultation by Secretary with other Federal departments, etc.

§ 5315 - Interstate agreements or compacts; purposes

§ 5316 - Transition provisions

§ 5317 - Liquidation of superseded or inactive programs

§ 5318 - Urban development action grants

§ 5318a - John Heinz Neighborhood Development Program

§ 5319 - Community participation in programs

§ 5320 - Historic preservation requirements

§ 6103 - Regulations

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