Section 8-118. Noncompliance with discovery order or order relating to records  


Latest version.
  • Whenever a party  fails  to  comply  with  an  order  of  the  commission   pursuant  to  section  8-117  of  this  chapter  compelling
      discovery or an order pursuant to section 8-114 of this chapter relating
      to records the commission may, on its own motion or at  the  request  of
      any party, and, after notice and opportunity for all parties to be heard
      in opposition or support, make such orders or take such action as may be
      just  for the purpose of permitting the resolution of relevant issues or
      disposition of the complaint without unnecessary  delay,  including  but
      not limited to:
        (a)  An  order  that  the matter concerning which the order compelling
      discovery or relating to records was issued be established adversely  to
      the claim of the noncomplying party;
        (b)  An  order  prohibiting  the  noncomplying  party from introducing
      evidence or testimony, cross-examining witnesses or otherwise supporting
      or opposing designated claims or defenses;
        (c) An order striking out pleadings or parts thereof;
        (d) An order that the noncomplying party may not be heard to object to
      the introduction and use of secondary evidence to show what the withheld
      testimony, documents, other evidence  or  required  records  would  have
      shown; and
        (e)  Infer  that  the material or testimony is withheld or records not
      preserved, made, kept, produced or made available for inspection because
      such material, testimony or records would prove to be unfavorable to the
      noncomplying party and use such inference to establish facts in  support
      of a final determination pursuant to section 8-120 of this chapter.