Section 130.1130  Failure to Comply With Order or Rules

If a party, or any person at the instance of or in collusion with a party, unreasonably refuses to comply with any provision of Section 130.1115 of this Part after being ordered by the Hearing Officer to comply, or fails to comply with any order entered pursuant to this Part, the Hearing Officer, on motion, may enter such orders as are just, including among others, the following:

a)         That further proceedings be stayed until the order or rule is complied with;

b)         That the offending party be debarred from filing any other pleading relating to any issue to which the refusal or failure relates;

c)         That a witness be barred from testifying concerning that issue;

d)         That, as to the claims or defense asserted to which that issue is material, a recommendation for a final order by default be entered against the offending party or that his action be dismissed with or without prejudice; or

e)         That any portion of his pleadings relating to that issue be stricken and, if thereby made appropriate, Findings of Fact and Conclusions of Law be entered as to that issue.

In lieu of or in addition to the foregoing, the Hearing Officer may order that the offending party pay the reasonable expenses including attorney's fees incurred by any party as a result of the misconduct.

(Source:  Added at 22 Ill. Reg. 1933, effective January 1, 1998)