43 C.F.R. · Public Lands: Interior
43 C.F.R. § 45.46

What sanctions may the ALJ impose for failure to comply with discovery?

Title 43 C.F.R. ● ACTIVE Primary Source
Regulatory Text

43 C.F.R. § 45.46 — What sanctions may the ALJ impose for failure to comply with discovery?

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

Source: ecfr.gov · govinfo.gov — public domain Official Source ↗
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43 C.F.R. § 45.46
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The regulatory text of 43 C.F.R. § 45.46 is reproduced from the official Code of Federal Regulations as published by the Office of the Federal Register and the National Archives and Records Administration.
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