[Code of Federal Regulations]
[Title 21, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1301.43]

[Page 32]
 
                         TITLE 21-FOOD AND DRUGS
 
   CHAPTER II--DRUG ENFORCEMENT ADMINISTRATION, DEPARTMENT OF JUSTICE
 
PART 1301_REGISTRATION OF MANUFACTURERS, DISTRIBUTORS, AND DISPENSERS 
OF CONTROLLED SUBSTANCES--Table of Contents
 
Sec. 1301.43  Request for hearing or appearance; waiver.

    (a) Any person entitled to a hearing pursuant to Sec. 1301.32 or 
Sec. Sec. 1301.34-1301.36 and desiring a hearing shall, within 30 days 
after the date of receipt of the order to show cause (or the date of 
publication of notice of the application for registration in the Federal 
Register in the case of Sec. 1301.34), file with the Administrator a 
written request for a hearing in the form prescribed in Sec. 1316.47 of 
this chapter.
    (b) Any person entitled to participate in a hearing pursuant to 
Sec. 1301.34 or Sec. 1301.35(b) and desiring to do so shall, within 30 
days of the date of publication of notice of the request for a hearing 
in the Federal Register, file with the Administrator a written notice of 
intent to participate in such hearing in the form prescribed in Sec. 
1316.48 of this chapter. Any person filing a request for a hearing need 
not also file a notice of appearance.
    (c) Any person entitled to a hearing or to participate in a hearing 
pursuant to Sec. 1301.32 or Sec. Sec. 1301.34-1301.36 may, within the 
period permitted for filing a request for a hearing or a notice of 
appearance, file with the Administrator a waiver of an opportunity for a 
hearing or to participate in a hearing, together with a written 
statement regarding such person's position on the matters of fact and 
law involved in such hearing. Such statement, if admissible, shall be 
made a part of the record and shall be considered in light of the lack 
of opportunity for cross-examination in determining the weight to be 
attached to matters of fact asserted therein.
    (d) If any person entitled to a hearing or to participate in a 
hearing pursuant to Sec. 1301.32 or Sec. Sec. 1301.34-1301.36 fails to 
file a request for a hearing or a notice of appearance, or if such 
person so files and fails to appear at the hearing, such person shall be 
deemed to have waived the opportunity for a hearing or to participate in 
the hearing, unless such person shows good cause for such failure.
    (e) If all persons entitled to a hearing or to participate in a 
hearing waive or are deemed to waive their opportunity for the hearing 
or to participate in the hearing, the Administrator may cancel the 
hearing, if scheduled, and issue his/her final order pursuant to Sec. 
1301.46 without a hearing.

[62 FR 13956, Mar. 24, 1997]

[[Page 33]]