The Hearing Examiner may impose sanctions upon the parties as
necessary to serve the ends of justice.
Failure to comply with an
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, a
request for admission, and/or production of witnesses, the Hearing Examiner may:
(A) Draw an inference in favor of the
requesting party with regard to the information sought;
(B) Prohibit the party falling to comply with
such order from introducing evidence concerning, or otherwise relying upon
testimony relating to the information sought;
(C) Permit the requesting party to introduce
secondary evidence concerning the information sought; and
(D) Strike any part of the pleadings or other
submissions of the party falling to comply with such request.
Failure to prosecute or
defend. If a party fails to prosecute or defend an appeal, the Hearing
Examiner may dismiss the action with or without prejudice as would best serve the
ends of justice.
make timely filing. Any party who falls to file any pleading as ordered by
the hearing examiner may be subject to sanctions including dismissal of the
hearings. The Hearing Examiner may state the purpose and scope of the
hearing, or the issues upon which evidence will be heard