43 C.F.R. § 4.224 Failure to comply with discovery.
Title 43 - Public Lands: Interior
(a) If a party fails to comply with discovery under §§4.220 through 4.223, without showing a satisfactory excuse or explanation, the administrative law judge or Indian probate judge may: (1) Decide the fact or issue relating to the material requested to be produced, or the subject matter of the probable testimony, in accordance with the claims of the other interested party or in accordance with other evidence available to the administrative law judge or Indian probate judge; or (2) Make such other ruling as the administrative law judge or Indian probate judge determines just and proper. (b) For purposes of paragraph (a) of this section, failure to comply with discovery includes failure to: (1) Comply with a request for the production of a document under §4.220; (2) Appear for examination under §4.221; (3) Respond to interrogatories or requests for admissions under §4.222; or (4) Comply with an order of the administrative law judge or Indian probate judge issued under §4.223.
Title 43: Public Lands: Interior
PART 4—DEPARTMENT HEARINGS AND APPEALS PROCEDURES
Subpart D—Rules Applicable in Indian Affairs Hearings and Appeals
Depositions, Discovery, and Prehearing Conference
§ 4.224 Failure to comply with discovery.
