[Code of Federal Regulations] [Title 21, Volume 1] [Revised as of April 1, 2001] From the U.S. Government Printing Office via GPO Access [CITE: 21CFR15.1] [Page 171-172] TITLE 21--FOOD AND DRUGS CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES PART 15--PUBLIC HEARING BEFORE THE COMMISSIONER--Table of Contents Subpart A--General Provisions Sec. 15.1 Scope. The procedures in this part apply when: (a) The Commissioner concludes, as a matter of discretion, that it is in the public interest to permit persons to present information and views at a public hearing on any matter pending before the Food and Drug Administation. (b) The act or regulation specifically provides for a public hearing before the Commissioner on a matter, e.g., Sec. 330.10(a)(8) relating to over-the- [[Page 172]] counter drugs and sections 520 (b) and (f)(1)(B), and 521 of the act relating to proposals to allow persons to order custom devices, to proposed device good manufacturing practice regulations, and to proposed exemptions from preemption of State and local device requirements under Sec. 808.25(e). (c) A person who has right to an opportunity for a formal evidentiary public hearing under part 12 waives that opportunity and instead requests under Sec. 12.32 a public hearing before the Commissioner, and the Commissioner, as a matter of discretion, accepts the request.