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Chapter 3.3. Occupational Safety and Health Appeals Board
Article 3. Prehearing Procedure Discovery, and Motions
§372.7. Discovery Abuses.
(a) The Administrative Law Judge or the Appeals Board may impose sanctions on
a party who fails to respond to an authorized request for discovery or makes an
evasive or incomplete response to discovery where such action results in surprise
to the requesting party at the hearing.
(b) Such sanctions may include:
(1) An order prohibiting the introduction of designated matters into evidence
by the abusing party; and/or
(2) An order establishing designated facts, claims, or defenses against the abusing
party in accordance with the claim of a party adversely affected.
(3) Any other order as the Administrative Law Judge or the Appeals Board may deem
appropriate under the circumstances.
NOTE: Authority cited: Section 148.7, Labor Code. Reference: Section 148.7,
1. New section filed 10-30-92; operative 11-30-92 (Register 92, No. 44).
2. Amendment of subsections (a) and (b)(3) filed 8-16-99; operative 9-15-99
(Register 99, No. 34).
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