Current through September 30, 2024
Section 4.831 - Sanctions(a) A party, upon reasonable notice to other parties and all persons affected thereby, may move for an order as follows: (1) If a deponent fails to answer a question propounded or submitted under § 4.827(c) , or a corporation or other entity fails to make a designation under § 4.827(b)(3) , or a party fails to answer an interrogatory submitted under § 4.829 , or if a party, under § 4.830 fails to respond that inspection will be permitted or fails to permit inspection, the discovering party may move for an order compelling an answer, a designation, or inspection.(2) An evasive or incomplete answer is to be treated as a failure to answer.(b) If a party or an agent designated to testify fails to obey an order to permit discovery, the administrative law judge may make such orders as are just, including: (1) That the matters regarding which the order was made or any other designated facts shall be established in accordance with the claim of the party obtaining the order;(2) Refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him from introducing designated matters in evidence.(c) If a party or an agent designated to testify fails after proper service(1) to appear for his deposition,(2) to serve answers or objections to interrogatories submitted under § 4.829 or(3) to serve a written response to a request for inspection, submitted under § 4.830 , the administrative law judge on motion may make such orders as are just, including those authorized under paragraphs (b) (1) and (2) of this section.