§12.30. Judicial review after waiver of hearing on a regulation.
21 C.F.R. § 12.30
A person with a right to submit objections and a request for hearing under § 12.20(d) may submit objections and waive the right to a hearing. The waiver may be either an explicit statement, or a failure to request a hearing, as provided in 12.22(a)(4).
If a person waives the right to a hearing, the Commissioner will rule upon the person's objections under §§ 12.24 through 12.28. As a matter of discretion, the Commissioner may also order a hearing on the matter under any of the provisions of this part.
If the Commissioner rules adversely on a person's objection, the person may petition for judicial review in a U.S. Court of Appeals under the act.
The record for judicial review is the record designated in § 12.28(b)(1).
The time for filing a petition for judicial review begins as of the date of publication of the Commissioner's ruling on the objections.
Notes, amendments, and revision history
Authority
Authority: 21 U.S.C. 141-149, 321-393, 467f, 679, 821, 1034; 42 U.S.C. 201, 262, 263b-263n, 264; 15 U.S.C. 1451-1461; 5 U.S.C. 551-558, 701-721; 28 U.S.C. 2112.
Source
Source: 44 FR 22339, Apr. 13, 1979, unless otherwise noted.