[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: 45CFR79.29]



[Page 292]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 79_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents

 

Sec.  79.29  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 such sanction, including but not limited to those listed in 

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

the severity and nature of the failure or misconduct.

    (c) When 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 such 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 such 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.

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

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