If a party or an officer, director, or other agent of a party fails to obey an order to provide or permit discovery, the hearing officer may make such orders in regard to the failure as are just, including but not limited to the following:

1. A. An order that the matters sought to be discovered or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order;
2. B. An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him from introducing designated matters into evidence; or
3. C. An order striking out pleadings or parts of them, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party.

Authority: Environment Article, §15-503, Annotated Code of Maryland

Effective date:

Regulations .01—.12 were previously codified as COMAR 08.13.09.44A—L, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.

Chapter recodified from COMAR 08.20.35 to COMAR 26.20.35, June 1996