622 SANCTIONS

622.1 The Administrative Judge may impose sanctions upon the parties as necessary to serve the ends of justice, including, but not limited to, the instances set forth in this section.

622.2 If a party fails to comply with an order for taking a deposition, the production of evidence within the party's control, a request for admission, and/or production of witnesses, the Administrative Judge may, for example:

1. (a) Draw an inference adverse to the party who failed to comply;
2. (b) Prohibit the party failing to comply with such order from introducing evidence concerning, or otherwise relying upon evidence relating to, the information sought;
3. (c) Permit any party who has been prejudiced by the non-compliance to introduce secondary evidence concerning the information sought; and
4. (d) Strike any part of the pleadings or other submissions of the party failing to comply with such order.

622.3 If a party fails to take reasonable steps to prosecute or defend an appeal, the Administrative Judge, in the exercise of sound discretion, may dismiss the action or rule for the appellant. Failure of a party to prosecute or defend an appeal includes, but is not limited to, a failure to:

1. (a) Appear at a scheduled proceeding after receiving notice;
2. (b) Submit required documents after being provided with a deadline for such submission; or
3. (c) Inform this Office of a change of address which results in correspondence being returned.

622.4 The Administrative Judge may refuse to consider any motion or other action which is not filed in a timely fashion.

SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).