50 CFR § 221.46 - What sanctions may the ALJ impose for failure to comply with discovery?

---
identifier: "/us/cfr/t50/s221.46"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "50 CFR § 221.46 - What sanctions may the ALJ impose for failure to comply with discovery?"
title_number: 50
title_name: "Wildlife and Fisheries"
section_number: "221.46"
section_name: "What sanctions may the ALJ impose for failure to comply with discovery?"
chapter_name: "NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE"
subchapter_number: "C"
subchapter_name: "MARINE MAMMALS"
part_number: "221"
part_name: "CONDITIONS AND PRESCRIPTIONS IN FERC HYDROPOWER LICENSES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "16 U.S.C. 797(e), 811, 823d."
regulatory_source: "80 FR 17207, Mar. 31, 2015, unless otherwise noted."
cfr_part: "221"
---


# 221.46 What sanctions may the ALJ impose for failure to comply with discovery?

(a) Upon motion of a party, the ALJ may impose sanctions under paragraph (b) of this section if any party:

(1) Fails to comply with an order approving discovery; or

(2) Fails to supplement or amend a response to discovery under § 221.42(a).

(b) The ALJ may impose one or more of the following sanctions:

(1) Infer that the information, testimony, document, or other evidence withheld would have been adverse to the party;

(2) Order that, for the purposes of the hearing, designated facts are established;

(3) Order that the party not introduce into evidence, or otherwise rely on to support its case, any information, testimony, document, or other evidence:

(i) That the party improperly withheld; or

(ii) That the party obtained from another party in discovery;

(4) Allow another party to use secondary evidence to show what the information, testimony, document, or other evidence withheld would have shown; or

(5) Take other appropriate action to remedy the party's failure to comply.