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What is the sanction for failure to comply with a DAB order?

comply dab failure sanction
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What is the sanction for failure to comply with a DAB order?

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If a party fails to comply with an order of the DAB Appellate Division in a case governed by the procedures in 45 C.F.R. Part 16, that party may be subject to the sanctions provided by section 16.15 for failure to meet requirements established by the DAB. The DAB has no contempt authority, and the nature of its role would make it inappropriate to summarily hold for an appellant based on refusal or failure by the federal agency respondent to comply with an order. The DAB could, however, proceed to decision based on an existing record should the respondent fail to meet deadlines or other requirements. In an extreme case, the DAB may dismiss an appeal if an appellant refuses to comply. Ordinarily, failure to develop the record on a matter material to the DAB’s decision-making will have an evidentiary impact, in that the DAB may preclude further submissions by the noncomplying party or draw an adverse inference from the failure to produce. In Head Start appeals, regulations provide for spe

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