[Code of Federal Regulations]
[Title 21, Volume 9]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1316.59]

[Page 151-152]
 
                         TITLE 21-FOOD AND DRUGS
 
   CHAPTER II--DRUG ENFORCEMENT ADMINISTRATION, DEPARTMENT OF JUSTICE
 
PART 1316--ADMINISTRATIVE FUNCTIONS, PRACTICES, AND PROCEDURES--Table of Contents
 
                   Subpart D--Administrative Hearings
 
Sec. 1316.59  Submission and receipt of evidence.

    (a) The presiding officer shall admit only evidence that is 
competent, relevant, material and not unduly repetitious.
    (b) Opinion testimony shall be admitted when the presiding officer 
is satisfied that the witness is properly qualified.
    (c) The authenticity of all documents submitted in advance shall be 
deemed admitted unless written objection thereto is filed with the 
presiding officer, except that a party will be permitted to challenge 
such authenticity at a later time upon a showing of good cause for 
failure to have filed such written objection.
    (d) Samples, if otherwise admissible into evidence, may be displayed 
at the hearing and may be described for purposes of the record, or may 
be admitted in evidence as exhibits.
    (e) Where official notice is taken or is to be taken of a material 
fact not appearing in the evidence of record, any party, on timely 
request, shall be afforded opportunity to controvert such fact.
    (f) The presiding officer shall file as exhibits copies of the 
following documents:
    (1) The order to show cause or notice of hearing;
    (2) Any notice of waiver or modification of rules made pursuant to 
Sec. 1316.44 or otherwise;

[[Page 152]]

    (3) Any waiver of hearing (together with any statement filed 
therewith) filed pursuant to Sec. 1316.49 or otherwise;
    (4) The prehearing ruling, if any, made pursuant to Sec. 1316.55;
    (5) Any other document necessary to show the basis for the hearing.