CFR > Title 5 - Administrative Personnel > CHAPTER II—MERIT SYSTEMS PROTECTION BOARD > SUBCHAPTER A—ORGANIZATION AND PROCEDURES (parts 1200 to 1216) > PART 1201—PRACTICES AND PROCEDURES > SUBPART B—Procedures for Appellate Cases (§1201.11 to §1201.113) > 1201.43—Sanctions.

1201.43—Sanctions.

The judge may impose sanctions upon the parties as necessary to serve the ends of justice. This authority covers, but is not limited to, the circumstances set forth in paragraphs (a), (b), and (c) of this section.
(a) Failure to comply with an order. When a party fails to comply with an order, the judge may:
(1) Draw an inference in favor of the requesting party with regard to the information sought;
(2) Prohibit the party failing to comply with the order from introducing evidence concerning the information sought, or from otherwise relying upon testimony related to that information;
(3) Permit the requesting party to introduce secondary evidence concerning the information sought; and
(4) Eliminate from consideration any appropriate part of the pleadings or other submissions of the party that fails to comply with the order.
(b) Failure to prosecute or defend appeal. If a party fails to prosecute or defend an appeal, the judge may dismiss the appeal with prejudice or rule in favor of the appellant.
(c) Failure to make timely filing. The judge may refuse to consider any motion or other pleading that is not filed in a timely fashion in compliance with this subpart.