§12.70. Authority of presiding officer.
21 C.F.R. § 12.70
The presiding officer has all powers necessary to conduct a fair, expeditious, and orderly hearing, including the power to—
Specify and change the date, time, and place of oral hearings and conferences;
Establish the procedures for use in developing evidentiary facts, including the procedures in § 12.92(b) and to rule on the need for oral testimony and cross-examination under § 12.87(b);
Prepare statements of the areas of factual disagreement among the participants;
Hold conferences to settle, simplify, or determine the issues in a hearing or to consider other matters that may expedite the hearing;
Administer oaths and affirmations;
Control the course of the hearing and the conduct of the participants;
Examine witnesses and strike their testimony if they fail to respond fully to proper questions;
Rule on, admit, exclude, or limit evidence;
Set the time for filing pleadings;
Rule on motions and other procedural matters;
Rule on motions for summary decision under § 12.93;
Conduct the hearing in stages if the number of parties is large or the issues are numerous and complex;
Waive, suspend, or modify any rule in this subpart under § 10.19 if the presiding officer determines that no party will be prejudiced, the ends of justice will be served, and the action is in accordance with law;
Strike the participation of any person under § 12.45(e) or exclude any person from the hearing under § 12.90, or take other reasonable disciplinary action; and
Take any action for the fair, expeditious, and orderly conduct of the hearing.
Notes, amendments, and revision history
Authority
Authority: 21 U.S.C. 141-149, 321-393, 467f, 679, 821, 1034; 42 U.S.C. 201, 262, 263b-263n, 264; 15 U.S.C. 1451-1461; 5 U.S.C. 551-558, 701-721; 28 U.S.C. 2112.
Source
Source: 44 FR 22339, Apr. 13, 1979, unless otherwise noted.