[Code of Federal Regulations]
[Title 49, Volume 6]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR511.37]

[Page 47-48]
 
                        TITLE 49--TRANSPORTATION
 
                   CHAPTER V--NATIONAL HIGHWAY TRAFFIC
                    SAFETY ADMINISTRATION, DEPARTMENT
                            OF TRANSPORTATION
 
PART 511_ADJUDICATIVE PROCEDURES--Table of Contents
 
                 Subpart D_Discovery; Compulsory Process
 
Sec.  511.37  Sanctions for failure to comply with order.

    If a party fails to obey an order to provide or permit discovery, 
the Presiding Officer may take such action as is just, including but not 
limited to the following:
    (a) Infer that the admission, testimony, document or other evidence 
would have been adverse to the party;
    (b) Order that for the purposes of the proceeding, the matters 
regarding which the order was made or any other designated facts shall 
be taken to be established in accordance with the claim of the party 
obtaining the order;
    (c) Order that the party withholding discovery not introduce into 
evidence or otherwise rely, in support of any claim or defense, upon the 
documents or other evidence withheld;
    (d) Order that the party withholding discovery not introduce into 
evidence or otherwise use at the hearing, information obtained in 
discovery;
    (e) Order that the party withholding discovery not be heard to 
object to introduction and use of secondary evidence to show what the 
withheld admission, testimony, documents, or other evidence would have 
shown;
    (f) Order that a pleading, or part of a pleading, or a motion or 
other submission by the party, concerning which the order was issued, be 
stricken, or

[[Page 48]]

that decision on the pleadings be rendered against the party, or both; 
and
    (g) Exclude the party or representative from proceedings, in 
accordance with Sec.  511.42(b).

Any such action may be taken by order at any point in the proceedings.