Section 792.10606. Refusal to make discovery; order directing compliance; effect of refusal to obey order.

If a party refuses to comply with an order made under R 792.10605 the administrative law judge may, on his or her own initiative or on motion of a party, issue an order including, but not limited to, any of the following:

(a)    An order that the facts sought by discovery shall be taken to be established for purposes of the proceeding in accordance with the claim of the party obtaining the order.

(b)      An order refusing to allow the noncompliant party to support or oppose designated claims or defenses, or prohibiting the noncompliant party from introducing into evidence designated documents, things, or testimony.

(c)    An order striking pleadings or parts of pleadings.

(d)    An order staying further proceedings until compliance with the order is established.

(e)    An order recommending dismissal of the proceeding or part of the proceeding.

(f)    An order recommending a decision by default against the noncompliant party.

History: 2015 AACS.