(a) Equal Access to Justice Act. Proceedings under this part are not
subject to the provisions of the Equal Access to Justice Act (Pub. L.
96-481). In any hearing conducted pursuant to the provisions of this
part 6, Administrative Law Judges shall have no power or authority to
award attorney fees and/or other litigation expenses pursuant to the
provisions of the Equal Access to Justice Act.
(b) Contumacious conduct: failure or refusal of a witness to appear
or answer. Contumacious conduct at any hearing before an Administrative
Law Judge shall be ground for exclusion from the hearing., In cases
arising under the Service Contract Act, the failure or refusal of a
witness to appear at any hearing or at a deposition when so ordered by
the Administrative Law Judge, or to answer any question which has been
ruled to be proper, shall be ground for the action provided in section 5
of the Act of June 30, 1936 (41 U.S.C. 39) and, in the discretion of the
Administrative Law Judge, for striking out all or part of the testimony
which may have been given by such witness.
