[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2200.41]

[Page 269]
 
                             TITLE 29--LABOR
 
      CHAPTER XX--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2200_RULES OF PROCEDURE--Table of Contents
 
                     Subpart C_Pleadings and Motions
 
Sec. 2200.41  Failure to obey rules.

    (a) Sanctions. When any party has failed to plead or otherwise 
proceed as provided by these rules or as required by the Commission or 
Judge, he may be declared to be in default either:
    (1) On the initiative of the Commission or Judge, after having been 
afforded an opportunity to show cause why he should not be declared to 
be in default; or
    (2) On the motion of a party. Thereafter, the Commission or Judge, 
in their discretion, may enter a decision against the defaulting party 
or strike any pleading or document not filed in accordance with these 
rules.
    (b) Motion to set aside sanctions. For reasons deemed sufficient by 
the Commission or Judge and upon motion expeditiously made, the 
Commission or Judge may set aside a sanction imposed under paragraph (a) 
of this rule. See Sec. 2200.90(b)(3).
    (c) Discovery sanctions. This section does not apply to sanctions 
for failure to comply with orders compelling discovery, which are 
governed by Sec. 2200.52(e).
    (d) Show cause orders. All show cause orders issued by the 
Commission or Judge under paragraph (a) of this section shall be served 
upon the affected party by certified mail, return receipt requested.

[51 FR 32015, Sept. 8, 1986; 52 FR 13832, Apr. 27, 1987, as amended at 
55 FR 22782, June 4, 1990]

    Effective Date Note: At 70 FR 22788, May 3, 2005, Sec. 2200.41 was 
removed and reserved, effective Aug. 1, 2005.