eCFR Reference Browser

---

title: "21 CFR §12.78"

source: "https://www.ecfr.gov/current/title-21/section-12.78"

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: "12.78"

section_subject: "Unavailability of presiding officer."

cfr_reference: "21 CFR 12.78"

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"

---

(a)If the presiding officer is unable to act for any reason, the Commissioner will assign the powers and duties to another presiding officer. The substitution will not affect the hearing, except as the new presiding officer may order.

(b)Any motion based on the substitution must be made within 10 days.

§12.78 - Unavailability of presiding officer.