[Code of Federal Regulations]
[Title 21, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR12.38]
[Page 120]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES
PART 12 FORMAL EVIDENTIARY PUBLIC HEARING--Table of Contents
Subpart B Initiation of Proceedings
Sec. 12.38 Effective date of an order.
(a) If a person who is subject to a notice of opportunity for
hearing under Sec. 12.21(b) does not request a hearing, the
Commissioner will--
(1) Publish a final order denying or withdrawing approval of an NDA,
NADA, device premarket approval application, or biologics license, in
whole or in part, or revoking a device product development protocol or
notice of completion, or declaring that such a protocol has not been
completed, and stating the effective date of the order; and
(2) If the order involves withdrawal of approval of an NADA,
forthwith revoke, in whole or in part, the applicable regulation, under
section 512(i) of the act.
(b) If a person who is subject to a notice of opportunity for
hearing under Sec. 12.21(b) requests a hearing and others do not, the
Commissioner may issue a final order covering all the drug or device
products at once or may issue more than one final order covering
different drug or device products at different times.
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