43 CFR §45.46

1. (a)Upon motion of a party, the ALJ may impose sanctions under paragraph (b) of this section if any party:
   1. (1)Fails to comply with an order approving discovery; or
   2. (2)Fails to supplement or amend a response to discovery under § 45.42(a).
2. (b)The ALJ may impose one or more of the following sanctions:
   1. (1)Infer that the information, testimony, document, or other evidence withheld would have been adverse to the party;
   2. (2)Order that, for the purposes of the hearing, designated facts are established;
   3. (3)Order that the party not introduce into evidence, or otherwise rely on to support its case, any information, testimony, document, or other evidence:
      1. (i)That the party improperly withheld; or
      2. (ii)That the party obtained from another party in discovery;
   4. (4)Allow another party to use secondary evidence to show what the information, testimony, document, or other evidence withheld would have shown; or
   5. (5)Take other appropriate action to remedy the party's failure to comply.