[Code of Federal Regulations]

[Title 31, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 31CFR501.729]



[Page 69-70]

 

                  TITLE 31--MONEY AND FINANCE: TREASURY

 

 CHAPTER V--OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY

 

PART 501_REPORTING, PROCEDURES AND PENALTIES REGULATIONS--Table of 

Contents

 

          Subpart D_Trading With the Enemy Act (TWEA) Penalties

 

Sec. 501.729  Sanctions.



    (a) Contemptuous conduct.

    (1) Subject to exclusion or suspension. Contemptuous conduct by any 

person before an Administrative Law Judge or the Secretary's designee 

during any proceeding, including any conference, shall be grounds for 

the Administrative Law Judge or the Secretary's designee to:

    (i) Exclude that person from such hearing or conference, or any 

portion thereof; and/or

    (ii) If a representative, summarily suspend that person from 

representing others in the proceeding in which such conduct occurred for 

the duration, or any portion, of the proceeding.

    (2) Adjournment. Upon motion by a party represented by a 

representative subject to an order of exclusion or suspension, an 

adjournment shall be granted to allow the retention of a new 

representative. In determining the length of an adjournment, the 

Administrative Law Judge or the Secretary's designee shall consider, in 

addition to the factors set forth in Sec. 501.737, the availability of 

another representative for the party or, if the representative was a 

counsel, of other members of a suspended counsel's firm.

    (b) Deficient filings; leave to cure deficiencies. The 

Administrative Law Judge, or the Secretary's designee in the case of a 

request for review, may in his or her discretion, reject, in whole or in 

part, any filing that fails to comply with any requirements of this 

subpart or of any order issued in the proceeding in which the filing was 

made. Any such filings shall not be part of the record. The 

Administrative Law



[[Page 70]]



Judge or the Secretary's designee may direct a party to cure any 

deficiencies and to resubmit the filing within a fixed time period.

    (c) Failure to make required filing or to cure deficient filing. The 

Administrative Law Judge (or the Secretary's designee during review 

proceedings) may enter a default pursuant to Sec. 501.716, dismiss the 

case, decide the particular matter at issue against that person, or 

prohibit the introduction of evidence or exclude testimony concerning 

that matter if a person fails:

    (1) To make a filing required under this subpart; or

    (2) To cure a deficient filing within the time specified by the 

Administrative Law Judge or the Secretary's designee pursuant to 

paragraph (b) of this section.

    (d) Failure to make required filing or to cure deficient filing in 

the case of a request for review. The Secretary's designee, in any case 

of a request for review, may decide the issue against that person, or 

prohibit the introduction of evidence or exclude testimony concerning 

that matter if a person fails:

    (1) To make a filing required under this subpart; or

    (2) To cure a deficient filing within the time specified by the 

Secretary's designee pursuant to paragraph (b) of this section.