Section 6-B621. SANCTIONS

621.1The 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.

621.2If a party fails to comply with an order or ruling, the Administrative Judge may, for example:

(a) Draw an inference adverse to the party who failed to comply;

 

(b) Prohibit the party failing to comply with such order from introducing evidence concerning, or otherwise relying upon evidence relating to, the information sought;

 

(c) Permit any party who has been prejudiced by the non-compliance to introduce secondary evidence concerning the information sought; and

 

(d) Strike any part of the pleadings or other submissions of the party failing to comply with such order.

 

621.3If 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:

(a) Appear at a scheduled proceeding after receiving notice;

 

(b) Submit required documents after being provided with a deadline for such submission; or

 

(c) Inform this Office of a change of address which results in correspondence being returned.

 

621.4The Administrative Judge may refuse to consider any motion or other action which is not filed in a timely fashion.

authority

The Chairperson of the Office of Employee Appeals in accordance with §602 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-606.02(a)(5) (2006 Repl.).

source

As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999); as amended by Notice of Final Rulemaking published at 59 DCR 2129, 2141 (March 16, 2012).

EditorNote

Notice of Final Rulemaking published at 2129 (March 16, 2012) repealed and replaced the existing chapter 16 with a new chapter 16 (Rules and Regulations of the Office of Employee Appeals). Sections 606-635 were renamed, and section 636 was repealed.