This section defines the procedural authority of the reviewing official and presiding official in administrative hearings under 42 CFR Part 8, which governs Opioid Treatment Programs (OTPs). It grants these officials powers to issue orders, examine witnesses, rule on motions, grant extensions, dismiss cases, remand matters, and reconsider decisions based on clear error. These are procedural/adjudicatory provisions applicable to enforcement and appeal proceedings against OTP respondents.
View official source§ 8.31 Authority and responsibilities of the reviewing official. In addition to any other authority specified in this subpart, the reviewing official and the presiding official, with respect to those authorities involving the oral presentation, shall have the authority to issue orders; examine witnesses; take all steps necessary for the conduct of an orderly hearing; rule on requests and motions; grant extensions of time for good reasons; dismiss for failure to meet deadlines or other requirements; order the parties to submit relevant information or witnesses; remand a case for further action by the respondent; waive or modify the procedures in this subpart in a specific case, usually with notice to the parties; reconsider a decision of the reviewing official where a party promptly alleges a clear error of fact or law; and to take any other action necessary to resolve disputes in accordance with the objectives of the procedures in this subpart.