[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR33.29]



[Page 81-82]

 

                           TITLE 34--EDUCATION

 

PART 33_PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents

 

Sec.  33.29  Sanctions.



    (a) The ALJ may sanction a person, including any party or 

representative for--

    (1) Failing to comply with an order, rule, or procedure governing 

the proceeding;

    (2) Failing to prosecute or defend an action; or

    (3) Engaging in other misconduct that interferes with the speedy, 

orderly, or fair conduct of the hearing.

    (b) Any sanction, including but not limited to those listed in 

paragraphs (c), (d), and (e) of this section must reasonably relate to 

the severity and nature of the failure or misconduct.

    (c) If 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 ALJ may--

    (1) Draw an inference in favor of the requesting party with regard 

to the information sought;

    (2) In the case of requests for admission, deem each matter of which 

an admission is requested to be admitted;

    (3) Prohibit the party failing to comply with the order from 

introducing evidence concerning, or otherwise relying upon testimony 

relating to, the information sought; and

    (4) Strike any part of the pleadings or other submissions of the 

party failing to comply with the request.

    (d) If a party fails to prosecute or defend an action under this 

part commenced by service of a notice of hearing, the ALJ may dismiss 

the action or may issue an initial decision imposing penalties and 

assessments.



[[Page 82]]



    (e) The ALJ may refuse to consider any motion, request, response, 

brief, or other document that is not filed in a timely fashion.



(Authority: 31 U.S.C. 3803(g)(2))