1. (a) Any order imposing a sanction shall be in writing and provide factual findings supporting the sanction. Before issuing sanctions, the presiding officer shall do both of the following:

   1. (1) Provide the party subject to the sanction notice and an opportunity to be heard.
   2. (2) Obtain approval from the Director or the person acting in the capacity of the Director.

2. (b) A person may face contempt sanctions for any of the reasons listed in Government Code section 11455.10 or for abusing the discovery process, which includes the following:

   1. (1) Persisting, over objection and without substantial justification, in an attempt to obtain information or materials outside the scope of permissible discovery.
   2. (2) Employing a discovery method in a manner or to an extent that causes unwarranted annoyance, embarrassment, oppression, or undue burden and expense.
   3. (3) Failing to respond or submit to an authorized method of discovery.
   4. (4) Making, without substantial justification, an unmeritorious objection to discovery.
   5. (5) Disobeying an order to provide discovery.
   6. (6) Making or opposing, unsuccessfully and without substantial justification, a motion to compel or to limit discovery.
   7. (7) Failure to meet and confer for an informal resolution of a discovery dispute.
3. (c) If the presiding officer imposes contempt sanctions, the presiding officer shall certify the facts supporting the sanction to the superior court in the county where the case is conducted for contempt proceedings.

4. (d) When the presiding officer has made a finding that a party or their representative has engaged in bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay, the presiding officer has the authority to order that party, their representative, or both, to reimburse the opposing party's reasonable expenses.

   1. (1) The calculation of reasonable expenses shall be based on sworn testimony or a declaration detailing specific expenses incurred due to the bad-faith actions or tactics.
   2. (2) An order to pay reasonable expenses is effective upon issuance.

5. (e) For the purposes of this section:

   1. (1) “Actions or tactics” encompass, but are not limited to, failing to comply with a lawful order of the presiding officer or making or opposing motions.
   2. (2) “Frivolous” means solely for the purpose of harassing an opposing party or totally and completely without merit.

Note: Authority cited: Section 11400.20, Government Code; and Sections 14536 and 40502, Public Resources Code. Reference: Sections 11400.20, 11455.10, 11455.20 and 11455.30, Government Code.

History

1. New section filed 5-12-2026; operative 7-1-2026 (Register 2026, No. 20).