The Hearing Examiner may impose sanctions upon the parties as necessary to serve the ends of justice.
(1) Failure to comply with an order. 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, a request for admission, and/or production of witnesses, the Hearing Examiner may:
- (A) Draw an inference in favor of the requesting party with regard to the information sought;
- (B) Prohibit the party falling to comply with such order from introducing evidence concerning, or otherwise relying upon testimony relating to the information sought;
- (C) Permit the requesting party to introduce secondary evidence concerning the information sought; and
- (D) Strike any part of the pleadings or other submissions of the party falling to comply with such request.
- (2) Failure to prosecute or defend. If a party fails to prosecute or defend an appeal, the Hearing Examiner may dismiss the action with or without prejudice as would best serve the ends of justice.
- (3) Failure to make timely filing. Any party who falls to file any pleading as ordered by the hearing examiner may be subject to sanctions including dismissal of the case.
- (4) Scope of hearings. The Hearing Examiner may state the purpose and scope of the hearing, or the issues upon which evidence will be heard