21 CFR §12.70
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
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.