; Failure or Refusal to Testify

; Failure or Refusal to Testify. If a respondent fails to testify in his own behalf or asserts a claim of privilege with respect to any question propounded to him, the hearing officer may infer therefrom that such testimony or answer would have been adverse to his case. If any person controlling, controlled by, or under common control with, or employed by, or an agent of, a respondent fails to respond to a subpoena, or asserts a claim of privilege with respect to any question propounded to him, the hearing officer may, taking into account all of the circumstances, infer that such testimony would have been adverse to the respondent.