S.C. Code Regs. § 9-100.239 - Discovery: Sanctions for Failure to Comply

If a party fails to provide or permit discovery, the Adjudicator may take such action as is just, including but not limited to the following:

A. Infer that the admission, testimony, document, or other evidence would have been adverse to the party;

B. Order that, for the purposes of the adjudication, the matters regarding which the order was made nor any other designated facts shall be taken to be established in accordance with the claim of the party obtaining the order;

C. Order that the party withholding discovery not introduce into evidence or otherwise rely, in support of any claim or defense, upon documents or other evidence withheld;

D. Order that the party withholding discovery not introduce into evidence, or otherwise use in the hearing, information obtained in discovery;

E. Order that the party withholding discovery not be heard to object to introduction and use of secondary evidence to show what the withheld admission, testimony, documents, or other evidence would have shown;

F. Order that a filed document, or part of a filed document, or a motion or other submission by the party be stricken, or that decision on the filed documents be rendered against that party, or both; and

G. Exclude the party or representative from the adjudication.

Any such action may be taken by order at any point in the adjudication.

Notes

S.C. Code Regs. § 9-100.239

Added by State Register Volume 22, Issue No. 6, Part 1, eff June 26, 1998.