[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR160.530]



[Page 722-723]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 160_GENERAL ADMINISTRATIVE REQUIREMENTS--Table of Contents

 

                    Subpart E_Procedures for Hearings

 

Sec.  160.530  Sanctions.



    The ALJ may sanction a person, including any party or attorney, for 

failing to comply with an order or procedure, for failing to defend an 

action or for other misconduct that interferes with the speedy, orderly 

or fair conduct of the hearing. The sanctions must reasonably relate to 

the severity and nature of the failure or misconduct. The sanctions may 

include--

    (a) In the case of refusal to provide or permit discovery under the 

terms of this part, drawing negative factual inferences or treating the 

refusal as an



[[Page 723]]



admission by deeming the matter, or certain facts, to be established;

    (b) Prohibiting a party from introducing certain evidence or 

otherwise supporting a particular claim or defense;

    (c) Striking pleadings, in whole or in part;

    (d) Staying the proceedings;

    (e) Dismissal of the action;

    (f) Entering a decision by default;

    (g) Ordering the party or attorney to pay the attorney's fees and 

other costs caused by the failure or misconduct; and

    (h) Refusing to consider any motion or other action that is not 

filed in a timely manner.