[Code of Federal Regulations] [Title 21, Volume 1] [Revised as of April 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 21CFR12.78] [Page 133] TITLE 21--FOOD AND DRUGS CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES PART 12--FORMAL EVIDENTIARY PUBLIC HEARING--Table of Contents Subpart D--Presiding Officer Sec. 12.78 Unavailability of presiding officer. (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.