eCFR Reference Browser

---

title: "21 CFR §12.70"

source: "https://www.ecfr.gov/current/title-21/section-12.70"

title_number: "21"

volume_number: "1"

chapter_number: "Unknown"

subchapter_code: "A"

subchapter_subject: "GENERAL"

part_code: "12"

part_subject: "FORMAL EVIDENTIARY PUBLIC HEARING"

subpart_code: "D"

subpart_subject: "Presiding Officer"

section_number: "12.70"

section_subject: "Authority of presiding officer."

cfr_reference: "21 CFR 12.70"

title_name: "Title 21"

title_subject: "Food and Drugs"

parts_covered: "Parts 1 to 99"

revised_date: "Revised as of April 1, 2019"

publication_date: "As of April 1, 2019"

contains_description: "Containing a codification of documents of general applicability and future effect"

publication_info: "Published by the Office of the Federal Register National Archives and Records Administration as a Special Edition of the Federal Register"

---

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) and to rule on the need for oral testimony and cross-examination under § 12.87(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;

(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 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) or exclude any person from the hearing under § 12.90, or take other reasonable disciplinary action; and

(o)Take any action for the fair, expeditious, and orderly conduct of the hearing.

§12.70 - Authority of presiding officer.