C.F.R. » Title 21 » CHAPTER II—DRUG ENFORCEMENT ADMINISTRATION, DEPARTMENT OF JUSTICE › PART 1316—ADMINISTRATIVE FUNCTIONS, PRACTICES, AND PROCEDURES › Subpart D—Administrative Hearings

21 C.F.R. § 1316.52

Presiding officer

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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 § 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]
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2018–2024 · leading case: Morris & Dickson Co. v. Whitaker, 360 F. Supp. 3d 434 (W.D. La. 2018).
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Morris & Dickson Co. v. Whitaker, 360 F. Supp. 3d 434 (W.D. La. 2018). “§ 3105 ; see 21 C.F.R. § 1316.52 ("A presiding officer, designated by the [DEA] Administrator, shall preside over all hearings.”
Miami-Luken, Inc. v. U.S. Drug Enf't Admin., 900 F.3d 738 (6th Cir. 2018). “Reviewing the subpoena, the Administrator found that the requested categories of documents were not "necessary to conduct" the hearing as would be required for disclosure under 21 C.F.R. § 1316.52 (d) and, therefore, ordered the subpoena quashed.”
Fares Rabadi v. Usdea, 122 F.4th 371 (9th Cir. 2024). “21 C.F.R. § 1316.52 (describing the powers of presiding officers at hearings).”
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