[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: 21CFR12.99] [Page 139] 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 E--Hearing Procedures Sec. 12.99 Motions. (a) A motion on any matter relating to the proceeding is to be filed under Sec. 12.80, and must include a draft order, except one made in the course of an oral hearing before the presiding officer. (b) A response may be filed within 10 days of service of a motion. The time may be shortened or extended by the presiding officer for good cause shown. (c) The moving party has no right to reply, except as permitted by the presiding officer. (d) The presiding officer shall rule upon the motion and may certify that ruling to the Commissioner for interlocutory review. [[Page 140]]