Page:United States Statutes at Large Volume 108 Part 2.djvu/795

 PUBLIC LAW 103-296—AUG. 15, 1994 108 STAT. 1511 "(4) The official conducting a hearing under this section may sanction a person, including any party or attorney, for failing to comply with an order or procedure, for failing to defend an action, or for such other misconduct as would interfere with the speedy, orderly, or fair conduct of the hearing. Such sanction shall reasonably relate to the severity and nature of the failure or misconduct. Such sanction may include— "(A) in the case of refusal to provide or permit discovery, drawing negative factual inference or treating such refusal as an admission by deeming the matter, or certain facts, to be established; "(B) prohibiting a party from introducing certain evidence or otherwise supporting a particular claim or defense; "(C) striking pleadings, in whole or in part; "(D) staying the proceedings; "(E) dismissal of the action; "(F) entering a default judgment; "(G) ordering the party or attorney to pay attorneys' fees and other costs caused by the failure or misconduct; and "(H) refusing to consider any motion or other action which is not filed in a timely manner. "(c) In determining pursuant to subsection (a) the amount or scope of any penalty or assessment, or whether to recommend an exclusion, the Secretary shall take into account— "(1) the nature of the statements and representations referred to in subsection (a) and the circumstances under which they occurred; "(2) the degree of culpability, history of prior offenses, and financial condition of the person committing the offense; and "(3) such other matters as justice may require. "(d)(1) Any person adversely affected by a determination of the Secretary under this section may obtain a review of such determination in the United States Court of Appeals for the circuit in which the person resides, or in which the statement or representation referred to in subsection (a) was made, by filing in such court (within 60 days following the date the person is notified of the Secretary's determination) a written petition requesting that the determination be modified or set aside. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary, and thereupon the Secretary shall file in the court the record in the proceeding as provided in section 2112 of title 28, United States Code. Upon such filing, the court shall have jurisdiction of the proceeding jmd of the question determined therein, and shall have the power to make and enter upon the pleadings, testimony, and proceedings set forth in such record a decree affirming, modifying, remanding for further consideration, or setting aside, in whole or in part, the determination of the Secretary and enforcing the same to the extent that such order is affirmed or modified. No objection that has not been urged before the Secretary shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. "(2) The findings of the Secretary with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive in the review described in paragraph (1). If any party shall apply to the court for leave to adduce addi-

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