15 C.F.R. § 904.212
Failure to prosecute or defend
(a) Whenever the record discloses the failure of any party to file documents, respond to orders or notices from the Judge, or otherwise indicates an intention on the part of any party not to participate further in the administrative proceeding, the Judge may issue:
(1) An order requiring any party to show why the matter that is the subject of the failure to respond should not be disposed of adversely to that party's interest;
(2) An order requiring any party to certify intent to appear at any scheduled hearing; or
(3) Any order, except dismissal, as is necessary for the just and expeditious resolution of the case.
(b) [Reserved]
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 1993–2022 · leading case: Diehl v. Franklin, 826 F. Supp. 874 (D.N.J. 1993).
Diehl v. Franklin, 826 F. Supp. 874 (D.N.J. 1993). “See 15 C.F.R. §§ 904.212 (i); 904.212, 904.240(a), 904.”
Garcia v. City of Carlsbad Bd. Members (D.N.M. 2022). “" Plaintiff appears to refer to 15 C.F.R. § 904.212 (a) which states: (a) Whenever the record discloses the failure of any party to file documents, respond to orders or notices from the Judge, or otherwise indicates an intention on the part of any party not to participate…”
United States v. Nguyen, 847 F. Supp. 496 (S.D. Miss. 1994). “Under 15 C.F.R. Section 904.212 the ALJ has the power to make such a show cause order in order to facilitate a just and expeditious resolution of a case.”
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