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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 80CONTESTED CASE HEARINGS
SUBCHAPTER CHEARING PROCEDURES
RULE §80.107Sanctions

(a) On the judge's own motion or on motion of a party and after notice and an opportunity for a hearing, a judge may impose sanctions against a party or its representative for:

  (1) filing a motion or pleading that is groundless and brought:

    (A) in bad faith;

    (B) for the purpose of harassment; or

    (C) for any other improper purpose, such as to cause unnecessary delay or needless increase in the cost of the proceeding;

  (2) abuse of the discovery process in seeking, making, or resisting discovery; or

  (3) failure to obey an order of the judge or the commission.

(b) A sanction imposed under this section may include, as appropriate and justified, issuance of an order:

  (1) disallowing further discovery of any kind or of a particular kind by the offending party;

  (2) charging all or any part of the expenses of discovery against the offending party or its representatives;

  (3) holding that designated facts be considered 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 those requests; and

  (6) striking pleadings or testimony, or both, in whole or part.


Source Note: The provisions of this §80.107 adopted to be effective June 6, 1996, 21 TexReg 4763.

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