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Code · CFR · Title 21 — Food and Drugs · Part 12 — Formal Evidentiary Public Hearing · § 12.38

§ 12.38. Effective date of an order.

164 words·~1 min read·/us/cfr/t21/s§ 12.38

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(a)If a person who is subject to a notice of opportunity for hearing under § 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 § 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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§ 12.38
Effective date of an order.
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