1. A. The judge may sanction any party, attorney, or personal representative for conduct that interferes with the orderly administration of the court or a hearing, including, but not limited to:

   1. (1) rejecting a recommended resolution without reasonable basis, or without reasonable expectation of doing better at formal hearing;

2. (2) failing to obey a lawful order of the court;

   1. (3) failing to appear for a hearing or deposition;
   2. (4) advancing a meritless position in order to harass or vex the opposing party; or
   3. (5) unreasonable conduct during a deposition.
3. B. The judge will conduct a separate hearing on the imposition of sanctions according to the procedures in this part.

4. C. As a sanction, the judge may do any or all of the following:

   1. (1) assess reasonable attorney’s fees against a party pursuant to Section 52-1-54 NMSA 1978;
   2. (2) reduce the fees of an attorney for a party;
   3. (3) assess prejudgment interest from the date of the recommended resolution in the claim;
   4. (4) strike a claim or defense;
   5. (5) limit the evidence which may be introduced;
   6. (6) dismiss an action;
   7. (7) order the suspension or forfeiture of compensation benefits;
   8. (8) assess expenses and costs against a party; or
   9. (9) impose a civil penalty pursuant to Sections 52-1-28.1, 52-1-28.2, 52-3-45.1 or 52-3-45.2 NMSA 1978.
5. D. For patterns of misconduct beyond a single case, the judge may refer the matter to the WCA enforcement bureau for further investigation, administrative prosecution and imposition of penalties.

[11.4.4.16 NMAC - Rp, 11.4.4.16 NMAC, 1/1/2023; A, 1/1/2025]