50 C.F.R. § 221.46 What sanctions may the ALJ impose for failure to comply with discovery?
Title 50 - Wildlife and Fisheries
(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 §221.42(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.
Title 50: Wildlife and Fisheries
PART 221—PRESCRIPTIONS IN FERC HYDROPOWER LICENSES
Subpart B—Hearing Process
Prehearing Conferences and Discovery
§ 221.46 What sanctions may the ALJ impose for failure to comply with discovery?
