[Code of Federal Regulations] [Title 21, Volume 1] [Revised as of April 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 21CFR1316.44] [Page 175] 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. 1316.44 Waiver or modification of rules. The Administrator or the presiding officer (with respect to matters pending before him) may modify or waive any rule in this subpart by notice in advance of the hearing, if he determines that no party in the hearing will be unduly prejudiced and the ends of justice will thereby be served. Such notice of modification or waiver shall be made a part of the record of the hearing.