§ 2200.101 - Failure to obey rules.

§ 2200.101 Failure to obey rules.

(a) Sanctions. When any party has failed to plead or otherwise proceed as provided by these rules or as required by the Commission or the Judge, he the party may be declared to be in default either on the initiative of the Commission or the Judge, after having been afforded an opportunity to show cause why he the party should not be declared to be in default, or on the motion of a party. ThereafterSubsequently, the Commission or the Judge, in their discretion, may enter a decision against the defaulting party or strike any pleading or document not filed in accordance with these rules.

(b) Motion to set aside sanctions. For reasons deemed sufficient by the Commission or the Judge and upon motion conforming to § 2200.40 expeditiously made, the Commission or the Judge may set aside a sanction imposed under paragraph (a) of this section. See § 2200.90(bc)(3).

(c) Discovery sanctions and failure to appear. This section does not apply to sanctions for failure to comply with orders compelling discovery, which are governed by § 2200.52(f), or to a default for failure to appear, which is governed by § 2200.64(a).

(d) Show cause orders. All show cause orders issued by the Commission or the Judge under paragraph (a) of this section shall be served upon the affected party by certified mail, return receipt requested.

[70 FR 22790, May 3, 2005]

in a manner prescribed in § 2200.7(o).