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Code of Federal Regulations (Last Updated: May 6, 2024) |
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Title 42 - Public Health |
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Chapter I - Public Health Service, Department of Health and Human Services |
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SubChapter H - Health Assessments and Health Effects Studies of Hazardous Substances Releases and Facilities |
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Part 93 - Public Health Service Policies on Research Misconduct |
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Subpart E - Opportunity To Contest ORI Findings of Research Misconduct and HHS Administrative Actions |
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Hearing Process |
§ 93.515 - Actions for violating an order or for disruptive conduct.
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§ 93.515 Actions for violating an order or for disruptive conduct.
(a) The ALJ may take action against any party in the proceeding for violating an order or procedure or for other conduct that interferes with the prompt, orderly, or fair conduct of the hearing. Any action imposed upon a party must reasonably relate to the severity and nature of the violation or disruptive conduct.
(b) The actions may include -
(1) Prohibiting a party from introducing certain evidence or otherwise supporting a particular claim or defense;
(2) Striking pleadings, in whole or in part;
(3) Staying the proceedings;
(4) Entering a decision by default;
(5) Refusing to consider any motion or other action not timely filed; or
(6) Drawing the inference that spoliated evidence was unfavorable to the party responsible for its spoliation.