21 CFR 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 §§ 12.20 through 12.22;
(3) The notice of hearing published under § 12.35;
(4) All notices of participation filed under § 12.45;
(5) All Federal Register notices pertinent to the proceeding;
(6) All submissions filed under § 12.82, e.g., the submissions required by § 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 § 12.92;
(8) All documents relating to any motion for summary decision under § 12.93;
(9) All documents of which official notice is taken under § 12.95;
(10) All pleadings filed under § 12.96;
(11) All documents relating to any interlocutory appeal under § 12.97;
(12) All transcripts prepared under § 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 § 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.