[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: 21CFR1316.52]

[Page 177]
 
                         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. 1316.52  Presiding officer.

    A presiding officer, designated by the Administrator, shall preside 
over all hearings. The functions of the presiding officer shall commence 
upon his designation and terminate upon the certification of the record 
to the Administrator. The presiding officer shall have the duty to 
conduct a fair hearing, to take all necessary action to avoid delay, and 
to maintain order. He shall have all powers necessary to these ends, 
including (but not limited to) the power to:
    (a) Arrange and change the date, time, and place of hearings (other 
than the time and place prescribed in Sec. 1301.56) and prehearing 
conferences and issue notice thereof.
    (b) Hold conferences to settle, simplify, or determine the issues in 
a hearing, or to consider other matters that may aid in the expeditious 
disposition of the hearing.
    (c) Require parties to state their position in writing with respect 
to the various issues in the hearing and to exchange such statements 
with all other parties.
    (d) Sign and issue subpoenas to compel the attendance of witnesses 
and the production of documents and materials to the extent necessary to 
conduct administrative hearings pending before him.
    (e) Examine witnesses and direct witnesses to testify.
    (f) Receive, rule on, exclude, or limit evidence.
    (g) Rule on procedural items pending before him.
    (h) Take any action permitted to the presiding officer as authorized 
by this part or by the provisions of the Administrative Procedure Act (5 
U.S.C. 551-559).

[36 FR 7820, Apr. 24, 1971. Redesignated at 38 FR 26609, Sept. 24, 1973, 
and amended at 42 FR 57457, Nov. 3, 1977; 62 FR 13970, Mar. 24, 1997]