Code of Federal Regulations (alpha)

CFR /  Title 21  /  Part 12  /  Sec. 12.100 Administrative record of a hearing.

(a) The record of a hearing consists of--

(1) The order or regulation or notice of opportunity for hearing that gave rise to the hearing;

(2) All objections and requests for hearing filed by the Division of Dockets Management under Sec. Sec. 12.20 through 12.22;

(3) The notice of hearing published under Sec. 12.35;

(4) All notices of participation filed under Sec. 12.45;

(5) All Federal Register notices pertinent to the proceeding;

(6) All submissions filed under Sec. 12.82, e.g., the submissions required by Sec. 12.85, all other documentary evidence and written testimony, pleadings, statements of position, briefs, and other similar documents;

(7) The transcript, written order, and all other documents relating to the prehearing conference, prepared under Sec. 12.92;

(8) All documents relating to any motion for summary decision under Sec. 12.93;

(9) All documents of which official notice is taken under Sec. 12.95;

(10) All pleadings filed under Sec. 12.96;

(11) All documents relating to any interlocutory appeal under Sec. 12.97;

(12) All transcripts prepared under Sec. 12.98; and

(13) Any other document relating to the hearing and filed with the Division of Dockets Management by the presiding officer or any participant;

(b) The record of the administrative proceeding is closed--

(1) With respect to the taking of evidence, when specified by the presiding officer; and

(2) With respect to pleadings, at the time specified in Sec. 12.96(a) for the filing of briefs.

(c) The presiding officer may reopen the record to receive further evidence at any time before the filing of the initial decision.