{"data":{"id":"us/43-cfr-45.46","jurisdiction":"us","citation":"43 CFR 45.46","heading":"What sanctions may the ALJ impose for failure to comply with discovery?","body":"(a) Upon motion of a party, the ALJ may impose sanctions under paragraph (b) of this section if any party:\n(1) Fails to comply with an order approving discovery; or\n(2) Fails to supplement or amend a response to discovery under § 45.42(a).\n(b) The ALJ may impose one or more of the following sanctions:\n(1) Infer that the information, testimony, document, or other evidence withheld would have been adverse to the party;\n(2) Order that, for the purposes of the hearing, designated facts are established;\n(3) Order that the party not introduce into evidence, or otherwise rely on to support its case, any information, testimony, document, or other evidence:\n(i) That the party improperly withheld; or\n(ii) That the party obtained from another party in discovery;\n(4) Allow another party to use secondary evidence to show what the information, testimony, document, or other evidence withheld would have shown; or\n(5) Take other appropriate action to remedy the party's failure to comply.","path":["Title 43—Public Lands: Interior","Subtitle A—Office of the Secretary of the Interior","PART 45—CONDITIONS AND PRESCRIPTIONS IN FERC HYDROPOWER LICENSES","Subpart B—Hearing Process"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-43.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:15Z","sha256":"2262c3025c31a30d32cdbc07f1418fdbba88ac4d14e3038ce66ae5a8b8b65a9c","source_id":"us-cfr","stale":true,"prev":"us/43-cfr-45.45","next":"us/43-cfr-45.47"},"notice":"GroundRules: Original legal text. Not legal advice."}