§ 41.128 - Sanctions.  


Latest version.
  • § 41.128 Sanctions.

    (a) The Board may impose a sanction against a party for misconduct, including:

    (1) Failure to comply with an applicable rule or order in the proceeding;

    (2) Advancing a misleading or frivolous request for relief or argument; or

    (3) Engaging in dilatory tactics.

    (b) Sanctions include entry of:

    (1) An order holding certain facts to have been established in the proceeding;

    (2) An order expunging, or precluding a party from filing, a paper;

    (3) An order precluding a party from presenting or contesting a particular issue;

    (4) An order precluding a party from requesting, obtaining, or opposing discovery;

    (5) An order excluding evidence;

    (6) An order awarding compensatory expenses, including attorney fees;

    (7) An order requiring terminal disclaimer of patent term; or

    (8) Judgment in the contested case.