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Federal regulations · Through 2026-08-25 · Newer source version available

45 CFR 1174.31: Sanctions for misconduct.

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Where this section sits in the code
  1. Title 45—Public Welfare
  2. Subtitle B—Regulations Relating to Public Welfare
  3. CHAPTER XI—NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
  4. SUBCHAPTER D—NATIONAL ENDOWMENT FOR THE HUMANITIES
  5. PART 1174—PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS
  6. Subpart D—Hearing Procedures

(a) The ALJ may sanction a person, including any party or representative, for failing to comply with an order, or for engaging in other misconduct that interferes with the speedy, orderly, and fair conduct of a hearing.

(b) Any such sanction shall reasonably relate to the severity and nature of the misconduct.

(c) When a party fails to comply with an order, including an order for taking a deposition, producing evidence within the party's control, or responding to a request for admission, the ALJ may:

(1) Draw an inference in favor of the requesting party with regard to the information sought;

(2) In the case of requests for admission, deem each matter for which an admission is requested to be admitted;

(3) Prohibit the party failing to comply with such order from introducing evidence concerning, or otherwise relying upon testimony relating to, the information sought; and

(4) Strike any part of the pleadings or other submissions filed by the party failing to comply with such a request.

(d) The ALJ may refuse to consider any motion, request, response, brief or other document which is not filed in a timely fashion.

(e) If a party fails to prosecute or defend an action under this part that is commenced by service of a hearing notice, the ALJ may dismiss the action or may issue an initial decision imposing penalties and assessments.

Collected 2026-08-27T02:26:21Z. Source file · JSON

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