§ 962.15. (Rule 15) Sanctions.
235 words·~1 min read·
/us/cfr/t39/s§ 962.15·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The Presiding Officer may sanction a person, including any party 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)Any sanction, including but not limited to those listed in paragraphs
(c)through
(e)of this section, must reasonably relate to the severity and nature of the failure or misconduct.
(c)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 about the information sought in favor of the requesting party;
(2)Prohibit a party from introducing evidence concerning, or otherwise relying on, 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)If a party fails to prosecute or defend an action commenced by service of a Complaint, the Presiding Officer may dismiss the action or enter an order of default.
(e)The Presiding Officer may refuse to consider any motion or other pleading, report, or response that is not filed in a timely fashion.