(a) The ALJ may sanction a person, including any party or attorney, for:
(1) Failing to comply with an order or procedure;
(2) Failing to defend an action; or
(3) Misconduct that interferes with the speedy, orderly or fair conduct of the hearing.
(b) Such sanctions will reasonably relate to the severity and nature of the failure or misconduct. Such sanction may include—
(1) In the case of refusal to provide or permit discovery under the terms of this part, drawing negative factual inferences or treating such refusal as an admission by deeming the matter, or certain facts, to be established;
(2) Prohibiting a party from introducing certain evidence or otherwise supporting a particular claim or defense;
(3) Striking pleadings, in whole or in part;
(4) Staying the proceedings;
(5) Dismissal of the action; or
(6) Entering a decision by default.
(c) In addition to the sanctions listed in paragraph (b) of this section, the ALJ may:
(1) Order the party or attorney to pay attorney's fees and other costs caused by the failure or misconduct; or
(2) Refuse to consider any motion or other action that is not filed in a timely manner.
[61 FR 65471, Dec. 13, 1996]