§ 958.13. Sanctions.
259 words·~1 min read·
/us/cfr/t39/s§ 958.13·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In general. The Presiding Officer may sanction a person, including any party, attorney or representative, for:
(1)Failing to comply with a lawful order or prescribed procedure;
(2)Failing to prosecute or defend an action; or
(3)Engaging in other misconduct that interferes with the speedy, orderly, or fair conduct of the hearing.
(b)Reasonableness. Any such sanction, including but not limited to those listed in paragraphs (c), (d), and
(e)of this section, shall reasonably relate to the severity and nature of the failure or misconduct.
(c)Failure to comply with an order. 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, or a request for admission, the Presiding Officer may:
(1)Draw an inference in favor of the requesting party with regard to the information sought;
(2)Prohibit such party from introducing evidence concerning, or otherwise relying upon, testimony relating to the information sought;
(3)Permit the requesting party to introduce secondary evidence concerning the information sought; and
(4)Strike any part of the pleadings or other submissions of the party failing to comply with such request.
(d)Failure to prosecute or defend. If a party fails to prosecute or defend an action under this part, the Presiding Officer may dismiss the action, or enter an order of default and an Initial Decision.
(e)Failure to file timely. The Presiding Officer may refuse to consider any motion or other pleading, report, or response which is not filed in a timely fashion.