StacksVerified U.S. regulatory reference

45 CFR §681.31

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov
  1. (a)The ALJ may sanction a person, including any party or representative, for failing to comply with an order, or for engaging in other misconduct that interferes with the speedy, orderly, and fair conduct of a hearing.
  2. (b)Any such sanction shall reasonably relate to the severity and nature of the misconduct.
  3. (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. (1)Draw an inference in favor of the requesting party with regard to the information sought;
    2. (2)In the case of requests for admission, deem each matter of which an admission is requested to be admitted;
    3. (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. (4)Strike any part of the pleadings or other submissions of the party failing to comply with such a request.
  4. (d)The ALJ may refuse to consider any motion, request, response, brief or other document which is not filed in a timely fashion.
  5. (e)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.