What sanctions may the ALJ impose for failure to comply with discovery?

CFR · 2024-01-01 · US · Title 7

(a) Upon motion of a party, the ALJ may impose sanctions under paragraph (b) of this section if any party: (1) Fails to comply with an order approving discovery; or (2) Fails to supplement or amend a response to discovery under § 1.642(a). (b) The ALJ may impose one or more of the following sanctions: (1) Infer that the information, testimony, document, or other evidence withheld would have been adverse to the party; (2) Order that, for the purposes of the hearing, designated facts are established; (3) Order that the party not introduce into evidence, or otherwise rely on to support its case, any information, testimony, document, or other evidence: (i) That the party improperly withheld; or (ii) That the party obtained from another party in discovery; (4) Allow another party to use secondary evidence to show what the information, testimony, document, or other evidence withheld would have shown; or (5) Take other appropriate action to remedy the party's failure to comply.

official document · source cfr-2024 · id 7:§ 1.646