If a party fails to provide or permit discovery, the ALJ may take such action as is just. This may include the following:
- (a) Infer that the testimony, document, or other evidence would have been adverse to the party.
- (b) Order that, for the purposes of the proceeding, designated facts are established.
- (c) Order that the party not introduce into evidence—or otherwise rely upon, in support of any claim or defense—the evidence that was withheld.
- (d) Order that the party not introduce into evidence, or otherwise use in the hearing, information obtained in discovery.
- (e) Allow the use of secondary evidence to show what the evidence withheld would have shown.