28 CFR 76.26 - Sanctions.
(1) Failure to comply with an order, rule, or procedure governing the proceeding;
(2) Failure to prosecute an action; or
(3) Engaging in other misconduct that interferes with the speedy, orderly, or fair conduct of the proceeding.
(b) Any such sanction, including but not limited to those listed in paragraphs (c), (d), and (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 an order, including an order for taking a deposition, the production of evidence within the party's control, or a request for admission the Judge may, as appropriate under law:
(1) Draw an inference in favor of the requesting party with regard to the information sought;
(2) In the case of requests for admission as to unprivileged matters, deem admitted each matter of 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 appropriate part of the pleadings or other submissions of the party failing to comply with such order; and
(5) Permit the requesting party to introduce secondary evidence concerning the information sought.
(e) If a respondent who has requested a hearing pursuant to 28 CFR 76.4, and who has been served with a Notice of a Hearing under 28 CFR 76.6, fails to appear at the hearing, absent good cause shown by the respondent, the Judge may issue an initial decision imposing a penalty.
(f) The Judge may refuse to consider any motion, request, response, brief or other document which is not filed in a timely fashion.
Title 28 published on 2015-11-24
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 28 CFR Part 76 after this date.
Title 28 published on 2015-11-24.
The following are only the Rules published in the Federal Register after the published date of Title 28.
For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.