The agency may impose penalties, in its quasi-judicial capacity, in the following cases:
(a) Where the petitioner in an action or the respondent fails to comply with the rules and regulations or with any order of the agency head, administrative judge or official examiner, the agency may, on its own initiative or at the request of any party, order him/her to show cause for which the penalty should not be imposed. The order shall state the rules, regulations or orders that have not been complied with, and a term of twenty (20) days shall be granted from the date of service of the order, to show cause. If said order is not complied with, or if it is determined that there was no cause to justify the noncompliance, then a financial penalty shall be imposed in favor of the agency or any party, that shall not exceed two hundred dollars ($200) for each separate imposition on the party or his attorney, if the latter is responsible for the noncompliance.
(b) Order the dismissal of the action in the case of petitioner or dismiss the allegations of the respondent if, after imposition of financial penalties and notification of them to the appropriate party, said party continues to fail to comply with agency orders.
(c) Impose costs and attorneys fees as provided in Rule 44 of Civil Procedure, App. III of Title 32.
History —Aug. 12, 1988, No. 170, added as § 3.21 on Nov. 30, 1990, No. 18, § 15; July 31, 1999, No. 204, § 1.