---
kind: "section"
citation: "21 C.F.R. § 12.70"
title: "21"
number: "12.70"
heading: "Authority of presiding officer."
url: "https://uscodex.org/cfr/21/12.70"
---

# §12.70. Authority of presiding officer.


The presiding officer has all powers necessary to conduct a fair, expeditious, and orderly hearing, including the power to—

- (a) Specify and change the date, time, and place of oral hearings and conferences;
- (b) Establish the procedures for use in developing evidentiary facts, including the procedures in [§ 12.92(b)](/cfr/21/12.92.md?p=b) and to rule on the need for oral testimony and cross-examination under [§ 12.87(b)](/cfr/21/12.87.md?p=b);
- (c) Prepare statements of the areas of factual disagreement among the participants;
- (d) Hold conferences to settle, simplify, or determine the issues in a hearing or to consider other matters that may expedite the hearing;
- (e) Administer oaths and affirmations;
- (f) Control the course of the hearing and the conduct of the participants;
- (g) Examine witnesses and strike their testimony if they fail to respond fully to proper questions;
- (h) Rule on, admit, exclude, or limit evidence;
- (i) Set the time for filing pleadings;
- (j) Rule on motions and other procedural matters;
- (k) Rule on motions for summary decision under [§ 12.93](/cfr/21/12.93.md);
- (l) Conduct the hearing in stages if the number of parties is large or the issues are numerous and complex;
- (m) Waive, suspend, or modify any rule in this subpart under [§ 10.19](/cfr/21/10.19.md) 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;
- (n) Strike the participation of any person under [§ 12.45(e)](/cfr/21/12.45.md?p=e) or exclude any person from the hearing under [§ 12.90](/cfr/21/12.90.md), or take other reasonable disciplinary action; and
- (o) **Take any action for the fair, expeditious, and orderly conduct of the hearing.**

## Notes

### 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.