---
kind: "section"
citation: "21 C.F.R. § 12.30"
title: "21"
number: "12.30"
heading: "Judicial review after waiver of hearing on a regulation."
url: "https://uscodex.org/cfr/21/12.30"
---

# §12.30. Judicial review after waiver of hearing on a regulation.

- (a) A person with a right to submit objections and a request for hearing under [§ 12.20(d)](/cfr/21/12.20.md?p=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).
- (b) If a person waives the right to a hearing, the Commissioner will rule upon the person's objections under [§§ 12.24 through 12.28](/cfr/21/12.24..12.28.md). As a matter of discretion, the Commissioner may also order a hearing on the matter under any of the provisions of this part.
- (c) 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.
  - (1) The record for judicial review is the record designated in [§ 12.28(b)(1)](/cfr/21/12.28.md?p=b-1).
  - (2) 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

### 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.