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Code of Federal Regulations Title 45. Public Welfare § 45.1174.31 Sanctions for misconduct

Current as of October 02, 2022 | Updated by FindLaw Staff

(a) The ALJ may sanction a person, including any party or representative, for failing to comply with an order, or for engaging in other misconduct that interferes with the speedy, orderly, and fair conduct of a hearing.

(b) Any such sanction shall reasonably relate to the severity and nature of the misconduct.

(c) When a party fails to comply with an order, including an order for taking a deposition, producing evidence within the party's control, or responding to 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 for 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 filed by the party failing to comply with such a request.

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

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

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Cite this article: FindLaw.com - Code of Federal Regulations Title 45. Public Welfare § 45.1174.31 Sanctions for misconduct - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-45-public-welfare/cfr-sect-45-1174-31/

Read this complete Code of Federal Regulations Title 45. Public Welfare § 45.1174.31 Sanctions for misconduct on Westlaw

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