[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

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

[CITE: 33CFR20.607]



[Page 82]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

PART 20_RULES OF PRACTICE, PROCEDURE, AND EVIDENCE FOR FORMAL 

ADMINISTRATIVE PROCEEDINGS OF THE COAST GUARD--Table of Contents

 

                           Subpart F_Discovery

 

Sec. 20.607  Sanctions for failure to comply.



    If a party fails to provide or permit discovery, the ALJ may take 

such action as is just. This may include the following:

    (a) Infer that the testimony, document, or other evidence would have 

been adverse to the party.

    (b) Order that, for the purposes of the proceeding, designated facts 

are established.

    (c) Order that the party not introduce into evidence--or otherwise 

rely upon, in support of any claim or defense--the evidence that was 

withheld.

    (d) Order that the party not introduce into evidence, or otherwise 

use in the hearing, information obtained in discovery.

    (e) Allow the use of secondary evidence to show what the evidence 

withheld would have shown.