42 C.F.R. § 10.22 : Public Health — PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES — GENERAL PROVISIONS — 340B DRUG PRICING PROGRAM — ADMINISTRATIVE DISPUTE RESOLUTION — Information requests

(a) Discovery. The 340B ADR Panel may permit a covered entity limited discovery to obtain such information and documents as may be relevant to demonstrate the merits of a claim. Such discovery shall be governed, to the extent applicable, by the Federal Rules of Civil Procedure.
(b) 340B ADR Panel information requests. Taking into account any party's request for further information, the 340B ADR Panel may request additional information from either party.
(c) Failure to respond to information requests. If the 340B ADR Panel finds that a party has failed to respond or fully respond to an information request, the 340B ADR Panel make take the following actions, including:
(1) Holding facts to have been established in the proceeding;
(2) Precluding a party from presenting or contesting a particular issue;
(3) Excluding evidence; or
(4) Judgment in the proceeding or dismissal of proceeding.

42 C.F.R. §10.22

85 FR 80644, 1/13/2021