[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR76.26]

[Page 327]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 76--RULES OF PROCEDURE FOR ASSESSMENT OF CIVIL PENALTIES FOR POSSESSION OF CERTAIN CONTROLLED SUBSTANCES--Table of Contents
 
Sec. 76.26  Sanctions.

    (a) As necessary to meet the ends of justice, the Judge may impose 
sanctions upon any party or a party's counsel, including, but not 
limited to sanctions based upon the following reasons:
    (1) Failure to comply with an order, rule, or procedure governing 
the proceeding;
    (2) Failure to prosecute an action; or
    (3) Engaging in other misconduct that interferes with the speedy, 
orderly, or fair conduct of the proceeding.
    (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.
    (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 Judge may, as appropriate under 
law:
    (1) Draw an inference in favor of the requesting party with regard 
to the information sought;
    (2) In the case of requests for admission as to unprivileged 
matters, deem admitted each matter of which an admission is requested;
    (3) Prohibit the party failing to comply with such order from 
introducing evidence concerning, or otherwise relying upon, testimony 
relating to the information sought;
    (4) Strike any appropriate part of the pleadings or other 
submissions of the party failing to comply with such order; and
    (5) Permit the requesting party to introduce secondary evidence 
concerning the information sought.
    (d) If a party fails to prosecute an action under this part 
commenced by service of a notice of hearing, the Judge may dismiss the 
action.
    (e) If a respondent who has requested a hearing pursuant to 28 CFR 
76.4, and who has been served with a Notice of a Hearing under 28 CFR 
76.6, fails to appear at the hearing, absent good cause shown by the 
respondent, the Judge may issue an initial decision imposing a penalty.
    (f) The Judge may refuse to consider any motion, request, response, 
brief or other document which is not filed in a timely fashion.