5 CFR 185.131 - Sanctions.

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§ 185.131 Sanctions.

(a) The ALJ may sanction a person including any party or representative for the following reasons:

(1) Failure to comply with an order, rule, or procedure governing the proceeding;

(2) Failure to prosecute or defend 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 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 of 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 of the party failing to comply with such request.

(d) If a party fails to prosecute or defend an action under this part commenced by service of a notice of hearing, the ALJ may dismiss the action or may issue an initial decision imposing penalties and assessments.

(e) The ALJ may refuse to consider any motion, request, response, brief or other document which is not filed in a timely fashion.

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.

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United States Code

Title 5 published on 2015-12-02

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 5 CFR Part 185 after this date.

  • 2016-07-19; vol. 81 # 138 - Tuesday, July 19, 2016
    1. 81 FR 46827 - Program Fraud Civil Remedies: Civil Monetary Penalty Inflation Adjustment
      GPO FDSys XML | Text
      OFFICE OF PERSONNEL MANAGEMENT
      Interim rule.
      Effective Date: August 1, 2016. Comment Date: Comments due on or before August 18, 2016.
      5 CFR Part 185

Title 5 published on 2015-12-02.

The following are only the Rules published in the Federal Register after the published date of Title 5.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2016-07-19; vol. 81 # 138 - Tuesday, July 19, 2016
    1. 81 FR 46827 - Program Fraud Civil Remedies: Civil Monetary Penalty Inflation Adjustment
      GPO FDSys: XML | Text
      OFFICE OF PERSONNEL MANAGEMENT
      Interim rule.
      Effective Date: August 1, 2016. Comment Date: Comments due on or before August 18, 2016.
      5 CFR Part 185