(a) When a party fails to comply with an order, including an order for taking a deposition, the production of evidence within the party's control, or 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 of 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 of the party failing to comply with such a request.
- (b) If a party fails to prosecute or defend an action under this part commenced by service of a notice of hearing, the ALJ may dismiss the action or may issue an initial decision imposing penalties and assessments.
- (c) The ALJ may refuse to consider any motion, request, response, brief or other document which is not filed in a timely fashion.