| (a) Enforcement of subpoenas or commissions for depositions.
If a person fails to comply with the subpoena or commission for deposition
issued by the presiding officer, the commission or the party requesting the
subpoena or commission for deposition may seek enforcement pursuant to APA.
(b) Causes for imposition of sanctions. An administrative law
judge, on the administrative law judge's own motion or on the motion of a
party, after notice and an opportunity for a hearing, may impose appropriate
sanctions against a party or its representative for:
(1) filing a motion or pleading that was brought in bad faith,
for the purpose of harassment, or for any other improper purpose, such as
to cause unnecessary delay or needless increase in the cost of the proceeding;
(2) abusing the discovery process in seeking, making or resisting
discovery;
(3) failing to obey an order of an administrative law judge
or the commission.
(c) Types of sanctions. A sanction imposed under subsection
(b) of this section may include, as appropriate and justified, issuance of
an order:
(1) disallowing further discovery of any kind or a particular
kind by the disobedient party;
(2) charging all or any part of the expenses of discovery against
the offending party or its representative;
(3) holding that designated facts be deemed admitted for purposes
of the proceeding;
(4) refusing to allow the offending party to support or oppose
a designated claim or defense or prohibiting the party from introducing designated
matters in evidence;
(5) disallowing in whole or in part requests for relief by
the offending party and excluding evidence in support of such requests;
(6) punishing the offending party or its representative for
contempt to the same extent as a district court;
(7) requiring the offending party or its representative to
pay, at the time ordered by the administrative law judge, the reasonable expenses,
including attorney's fees, incurred by other parties because of the sanctionable
behavior; and
(8) striking pleadings or testimony, or both, in whole or in
part, or staying further proceedings until the order is obeyed.
(d) Imposition of sanctions by the commission. In addition
to the sanctions listed in subsection (c) of this section that may be imposed
by an administrative law judge, except for Subsection (c)(6), any other presiding
officer including the commission, after notice and opportunity for hearing,
may impose sanctions including:
(1) disallow the disobedient party's rights to participate
in the proceeding;
(2) dismiss the application with or without prejudice;
(3) institute civil action; or
(4) impose any other sanction available to the commission by
law.
(e) Procedure. A motion for sanctions may be filed at any time
during the proceeding or may be initiated sua sponte
by the presiding officer. A motion to compel discovery is not a prerequisite
to the filing of a motion for sanctions. A motion should contain all factual
allegations necessary to apprise the parties and the presiding officer of
the conduct at issue, should request specific relief, and shall be verified
by affidavit. A motion shall be served on all parties. Upon receipt of the
motion, a hearing shall be held on the motion. Any order regarding sanctions
issued by a presiding officer shall be appealable pursuant to §22.123
of this title (relating to Appeal of an Interim Order and Motions for Reconsideration
of Interim Order Issued by the Commission). Any sanction imposed by the presiding
officer shall be automatically stayed to allow the party to appeal the imposition
of the sanction to the commission.
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| Source Note: The provisions of this §22.161 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective March 26, 2001, 26 TexReg 2351 |
