21 CFR § 13.40 - Administrative record of a Board.

---
identifier: "/us/cfr/t21/s13.40"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "21 CFR § 13.40 - Administrative record of a Board."
title_number: 21
title_name: "Food and Drugs"
section_number: "13.40"
section_name: "Administrative record of a Board."
chapter_name: "FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "A"
subchapter_name: "GENERAL"
part_number: "13"
part_name: "PUBLIC HEARING BEFORE A PUBLIC BOARD OF INQUIRY"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 551-558, 701-721; 15 U.S.C. 1451-1461; 21 U.S.C. 141-149, 321-393, 467f, 679, 821, 1034; 28 U.S.C. 2112; 42 U.S.C. 201, 262, 263b-263n, 264."
regulatory_source: "44 FR 22348, Apr. 13, 1979, unless otherwise noted."
cfr_part: "13"
---


# 13.40 Administrative record of a Board.

(a) The administrative record of a hearing before a Board consists of the following:

(1) All relevant *Federal Register* notices.

(2) All written submissions under § 13.20.

(3) The transcripts of all hearings of the Board.

(4) The initial decision of the Board.

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

(1) Relevant to receiving information and data, at the time specified in § 13.30(i); and

(2) Relevant to pleadings, at the time specified in § 13.30(i) for filing a written statement of position with proposed findings and conclusions.

(c) The Board may, in its discretion, reopen the record to receive further evidence at any time before filing an initial decision.