1. (a) The ALJ may order a party, a party's representative or both, to pay reasonable expenses, including attorney's fees, incurred by another party as a result of bad faith actions or tactics that are frivolous or solely intended to cause unnecessary delay.

   1. (1) “Actions or tactics” include, but are not limited to, the making or opposing of Motions or the failure to comply with a lawful order of the ALJ.

   2. (2) “Frivolous” means

      1. (A) totally and completely without merit or
      2. (B) for the sole purpose of harassing an opposing party.
2. (b) The ALJ shall not impose sanctions without providing notice and an opportunity to be heard.
3. (c) The ALJ shall determine the reasonable expenses based upon testimony under oath or a Declaration setting forth specific expenses incurred as a result of the bad faith conduct. An order for sanctions may be made on the record or in writing, setting forth the factual findings on which the sanctions are based.

Note: Authority cited: Section 11370.5(b), Government Code. Reference: Section 128.5, Code of Civil Procedure; and Section 11455.30, Government Code.

History

1. New section filed 6-30-97 as an interim regulation pursuant to Government Code section 11400.20; operative 7-1-97 (Register 97, No. 27). Interim regulations expire on 12-31-98 unless earlier repealed or amended.

2. Interim regulation, including amendment of subsections (c)(1) and (c)(2), filed 5-19-98 as a permanent regulation pursuant to Government Code section 11400.20; operative 5-30-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 21).

3. Amendment of section heading and section filed 10-13-2004; operative 12-1-2004 (Register 2004, No. 42).