Who Serves as the Presiding Officer at an Informal Hearing?
(§ 1.404) The presiding officer for the appeal and the hearing must be an FDA Regional Food and Drug Director (RFDD), or another FDA official senior to a District Director. The presiding officer may not have participated in the investigation or action that is the subject of the hearing and may not be a subordinate of a person (other than the FDA Commissioner) who participated in such investigation or action. 5. When Does FDA Have to Issue a Decision on an Appeal? (§ 1.405) FDA must issue a decision confirming or revoking the detention order within 5 calendar days after the appeal is filed. If FDA fails to provide an opportunity to request a hearing, or fails to confirm or terminate the detention order within the 5-day period, the detention order is deemed terminated. The presiding officer must issue a written report including a proposed decision confirming or revoking the detention order by noon of the fifth calendar day after the appeal was filed. The claimant has 4 hours to comment o
