Section 12.35 - Consequences of a party's failure to comply with a discovery orderIf a party fails to comply with an order compelling discovery, or an order issued pursuant to § 12.34 , the official assigned to render the decision in the case may, upon motion by a party or on the official's own motion, take such action in regard thereto as is just, including but not limited to the following:
(a) Infer that the documents or things not produced would have been adverse to the party;(b) Rule that for the purposes of the proceeding the information in or contents of the documents or things not produced be taken as established adversely to the party;(c) Rule that the party may not be heard to object to introduction and use of secondary evidence to show what the withheld documents or other evidence would have shown;(d) Rule that a pleading, or part of a pleading, or a motion or other submission by the party, to which the order for production related, be stricken;(e) Dismiss the entire proceeding with prejudice to matters alleged in the complaint, but without prejudice to counterclaims; and(f) Issue a default order and render a decision against the party, whose rights shall thereafter be determined by §§ 12.22 and 12.23 of these rules.49 FR 6621, Feb. 22, 1984, as amended at 86 FR 64356 , Nov. 18, 2021