SECTION 390:2-1-9. Sanctions for noncompliance with hearing and discovery procedures

  The Hearing Examiner may impose sanctions upon the parties as necessary to serve the ends of justice.

(1)   Failure to comply with an order. When a party fails to comply with an order, including an order for taking a deposition, the production of evidence within the party's control, a request for admission, and/or production of witnesses, the Hearing Examiner may:

(A)   Draw an inference in favor of the requesting party with regard to the information sought;

(B)   Prohibit the party falling to comply with such order from introducing evidence concerning, or otherwise relying upon testimony relating to the information sought;

(C)   Permit the requesting party to introduce secondary evidence concerning the information sought; and

(D)   Strike any part of the pleadings or other submissions of the party falling to comply with such request.

(2)   Failure to prosecute or defend. If a party fails to prosecute or defend an appeal, the Hearing Examiner may dismiss the action with or without prejudice as would best serve the ends of justice.

(3)   Failure to make timely filing. Any party who falls to file any pleading as ordered by the hearing examiner may be subject to sanctions including dismissal of the case.

(4)   Scope of hearings. The Hearing Examiner may state the purpose and scope of the hearing, or the issues upon which evidence will be heard