§ 751.106 Sanctions and protective orders

5 CFR 751.106(a)(a) Cease-and-desist directive. OPM may issue a protective order or cease-and-desist directive to protect the integrity of the adjudicatory process, prevent threats, intimidation, targeted harassment, improper witness contact, disclosure of protected personal information, or misuse of nonpublic information obtained through the appeal. OPM may do this sua sponte, or at the request of a party, preemptively or at any juncture in the appeal process. A party requesting OPM to issue a protective order or cease-and-desist order must file such request in accordance with § 751.102(c), and must include a statement of reasons justifying the request, together with any relevant documentary evidence. Any protective order issued by OPM must be no broader than reasonably necessary and must not restrict lawful communications protected by law.

5 CFR 751.106(b)(b) Failure to comply with an OPM directive. When a party to an appeal fails to comply with an order issued under paragraph (a) of this section, OPM may, except when prohibited by law:

5 CFR 751.106(b)(1)(1) Draw all inferences in opposition to the noncompliant party with regard to the appeal in question;

5 CFR 751.106(b)(2)(2) Prohibit the noncompliant party from introducing evidence, or additional evidence, concerning the appeal, or otherwise relying on the record; or

5 CFR 751.106(b)(3)(3) Eliminate from consideration any appropriate part of the filings or other submissions of the noncompliant party.

5 CFR 751.106(c)(c) Scope of sanctions. Any sanction issued under paragraph (b) of this section must be proportionate, causally related to the violation, and no broader than necessary to protect the adjudicatory process.