Texas Administrative Code
Title 30 - ENVIRONMENTAL QUALITY
Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 80 - CONTESTED CASE HEARINGS
Subchapter C - HEARING PROCEDURES
Section 80.107 - Sanctions
Universal Citation: 30 TX Admin Code § 80.107
Current through Reg. 50, No. 13; March 28, 2025
(a) On the judge's own motion or on motion of a party and after notice and an opportunity for a hearing, a judge may impose sanctions against a party or its representative for:
(1) filing a motion or pleading that is
groundless and brought:
(A) in bad
faith;
(B) for the purpose of
harassment; or
(C) for any other
improper purpose, such as to cause unnecessary delay or needless increase in
the cost of the proceeding;
(2) abuse of the discovery process in
seeking, making, or resisting discovery; or
(3) failure to obey an order of the judge or
the commission.
(b) A sanction imposed under this section may include, as appropriate and justified, issuance of an order:
(1) disallowing further
discovery of any kind or of a particular kind by the offending party;
(2) charging all or any part of the expenses
of discovery against the offending party or its representatives;
(3) holding that designated facts be
considered admitted for purposes of the proceeding;
(4) refusing to allow the offending party to
support or oppose a designated claim or defense or prohibiting the party from
introducing designated matters in evidence;
(5) disallowing in whole or in part requests
for relief by the offending party and excluding evidence in support of those
requests; and
(6) striking
pleadings or testimony, or both, in whole or part.
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