4 CFR §28.24
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
The administrative judge may impose sanctions upon the parties as necessary to serve the ends of justice, including but not limited to the instances set forth in this section.
- (a)Failure to comply with an order or subpoena. When a party fails to comply with an order or subpoena (including an order for the taking of a deposition, for the production of evidence within the party's control, for an admission, or for production of witnesses), the administrative judge may:
- (1)Draw an inference in favor of the requesting party on the issue related to the information sought.
- (2)Prohibit the party failing to comply with such order or subpoena from introducing, or otherwise relying upon, evidence relating to the information sought.
- (3)Permit the requesting party to introduce secondary evidence concerning the information sought.
- (4)Strike any part of the pleadings or other submissions of the party failing to comply with such request.
- (b)Failure to prosecute or defend. If a party fails to prosecute or defend a petition, the administrative judge may dismiss the action with prejudice or rule for the petitioner.
- (c)Failure to make timely filing. The administrative judge may refuse to consider any motion or other action which is not filed in a timely fashion in compliance with this subpart.