Sanctions relating to conduct in an adjudicatory proceeding.

CFR · 2024-01-01 · US · Title 12

(a) (1) Constitutes contemptuous conduct; (2) Materially injures or prejudices another party in terms of substantive injury, incurring additional expenses including attorney's fees, prejudicial delay, or otherwise; (3) Is a clear and unexcused violation of an applicable statute, regulation, or order; or (4) Unduly delays the proceeding. (b) (1) Issuing an order against the party; (2) Rejecting or striking any testimony or documentary evidence offered, or other papers filed, by the party; (3) Precluding the party from: (i) Contesting specific issues or findings; (ii) Offering certain evidence or challenging or contesting certain evidence offered by another party; or (iii) Making a late filing or conditioning a late filing on any terms that are just; (4) Assessing reasonable expenses, including attorney's fees, incurred by any other party as a result of the improper action or failure to act; and (5) Excluding or suspending a party or person from the adjudicatory proceeding. (c) (2) No sanction authorized by this section, other than refusal to accept late filings, must be imposed without prior notice to all parties and an opportunity for any party or person against whom sanctions would be imposed to be heard. Such opportunity to be heard may be on such notice, and the response may be in such form, as the ALJ directs. The ALJ may limit the opportunity to be heard to an opportunity of a party or person to respond orally immediately after the act or inaction covered by this section

official document · source cfr-2024 · id 12:§ 263.57