Regulations last checked for updates: Aug 01, 2025

Title 43 - Public Lands: Interior last revised: Jul 22, 2025
§ 4.121 - Sanctions.

(a) Authority of ALJ. The ALJ is vested with the general authority to regulate the course of the proceedings. The ALJ may impose appropriate sanctions on a person or entity for:

(1) Noncompliance with an ALJ order;

(2) Violation of the regulations in this subpart;

(3) A failure to prosecute or defend in a timely manner; or

(4) Other misconduct that prejudices another party or interferes with the efficient, orderly, and fair conduct of the proceeding.

(b) Notice. Appropriate sanctions may be imposed after notice and an opportunity to respond. The notice and opportunity to respond may be in any form directed by the ALJ and may be limited to an oral response during a prehearing conference or hearing.

(c) Types of sanctions. After considering the relevant circumstances and the nature of the violation, failure, or misconduct, the ALJ may impose appropriate sanctions, including the following:

(1) Deeming a party's objection waived;

(2) Striking all, or part, of a pleading;

(3) Precluding a party from making a late filing or conditioning a late filing on terms that the ALJ deems fair and equitable;

(4) Denying a motion;

(5) Excluding evidence or witnesses;

(6) Expelling a person or entity from the hearing;

(7) Issuing an order or decision against a party;

(8) Dismissing a claim or defense;

(9) Dismissing a proceeding; and

(10) Taking any other action authorized by law.

source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.
cite as: 43 CFR 4.121