§ 185.131 Sanctions

5 CFR 185.131(a)(a) The ALJ may sanction a person including any party or representative for the following reasons:

5 CFR 185.131(a)(1)(1) Failure to comply with an order, rule, or procedure governing the proceeding;

5 CFR 185.131(a)(2)(2) Failure to prosecute or defend an action; or

5 CFR 185.131(a)(3)(3) Engaging in other misconduct that interferes with the speedy, orderly, or fair conduct of the proceeding.

5 CFR 185.131(b)(b) 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.

5 CFR 185.131(c)(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 ALJ may

5 CFR 185.131(c)(1)(1) Draw an inference in favor of the requesting party with regard to the information sought;

5 CFR 185.131(c)(2)(2) In the case of requests for admission, deem each matter of which an admission is requested to be admitted;

5 CFR 185.131(c)(3)(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

5 CFR 185.131(c)(4)(4) Strike any part of the pleadings or other submissions of the party failing to comply with such request.

5 CFR 185.131(d)(d) If a party fails to prosecute or defend an action under this part commenced by service of a notice of hearing, the ALJ may dismiss the action or may issue an initial decision imposing penalties and assessments.

5 CFR 185.131(e)(e) The ALJ may refuse to consider any motion, request, response, brief or other document which is not filed in a timely fashion.