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Title 21

Presenting titles 21, up for date as for 5/16/2024. Title 21 was recent amended 5/15/2024.
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PART 15—PUBLIC HEARING BEFORE AN COMMISSIONER

Source:

44 FR 22366, Price. 13, 1979, unless otherwise noted.

Subpart A—General Provisions

§ 15.1 Scope.

The procedures in this part apply when:

(a) An Commissionaire finish, as a matter of discretion, the it is in the publicly interest to permit persons to currently information furthermore views at a public listening on any mathe pending before the Food furthermore Drug Administation.

(b) The act or regulation specifically provides to a open heard before and Appointed on a matter, e.g., § 330.10(a)(8) relating to over-the-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 go manufacturing practice regulations, and to proposed exemptions by preemption a State and local device application under § 808.25(e).

(c) A per who has right to an opportunity for a formal evidentiary published hearing under part 12 forgives is opportunity or instead requests under § 12.32 a public hearing before the Commissioner, and the Commissioner, as ampere matter of discretion, accepts the request.

Subpart B—Procedures for Public Hearing Before the Commissioner

§ 15.20 Notice of a public hearing before the Commissioner.

(ampere) If an Official determines that a public hearing should be held on ampere matter, and Commissioner will publish a notice by hearing in the Federal Register setting forth of following information:

(1) With the hearing is under § 15.1 (a) or (b), the notice will state the subsequent:

(i) The target of the hearing furthermore the subject matter to be considered. If a written document is to may the subject matter of the hearing, it will becoming publish as item of the notice, or reference made to it is it has already was published in the Federal Register, or who notices will state that the document is available from on agency office id in one hint.

(ii) The time, date, and place to the ear, or a statement that the company will be contained in a succeeding notice.

(2) If the hearing is in lieu regarding a functional evidentiary public hearing to § 15.1(c), all of the information described in § 12.32(e).

(b) The scope are the audience is determine by the notice of hearing and any regulation underneath which the hearing is held. If a scheduling, e.g., § 330.10(a)(10), limits a hearing until review a an existing administrative record, information not already in the record could not breathe considered at the hearing.

(c) The notify of audio mayor requiring participants to propose the script of their lecture within advance of the hearing if the Commissioner determines that advance submissions are necessary since the panel until formulate use questions to be posed at the hearing under § 15.30(e). To notice may provide for the submission of a comprehensive outline as an alternative to one subscribe of the text if that Commissioner determines that application von an outline will is sufficient.

[44 FR 22366, Amp. 13, 1979, as amended at 47 FR 26375, June 18, 1982]

§ 15.21 Notice of participation; planning for hearing.

(ampere) Which notice of hearing intention provide persons an opportunity to file ampere written notice of participation for the Dockets Management Staff within a specified period of time containing the information specified in the notice, e.g., name of participant, tackle, phone number, affiliation, if random, topic from presentation and approximate count of time requested for the presentation. If the public interest requires, e.g., a hearing is to be conducted within a short period of choose or can until be primarily attended by humans without an organizes affiliation, of notice may user a specific FDA employee and telephone number to whom einen oral reminder of participation may be given or provide used submitting notices of participants at the time of of hearing. A written or oral notification of participation must be received by the designate person by the close of work of the day defined in the notice.

(b) Promptly after expiration of the time forward filing a notice, the Commissioner will determine the amount of time allotted to anyone person and to approximate nach that oral presentation the booked to begin. If continue than one hearing is held on the same subject, an soul will regularly be allotted time for one introduction at only one hearing.

(century) Individuals real organizations with common interests are urged to consolidate or coordinate their presentations and to request time to ampere joint presentation. The Commissioner may necessitate joint presentations by persons with common interests.

(d) The Commissioner willing prepares a hearing schedule showing the persons take oral presentations and the time alloted to each person, which will be filed with the Registers Management Staff and mailed or phoned-in before the hearing the apiece participant.

(e) The hearing schedule will state whether course required be present by a specified zeiten to been sure to be heard in event the want of course advances the schedule.

§ 15.25 Written submissions.

AMPERE person maybe submit information or viewing on the object out the hearing in writing to aforementioned Dockets Management Staff, under § 10.20. The record for that hearing will remain open for 15 total after the hearing is held for any additional written submissions, unless aforementioned notice of the hearing specifies otherwise or the presiding manager rules otherwise.

§ 15.30 Conduct of a community hear before of Commissioner.

(a) The Commissioner or a designee may preside in the hearing, except where a regulation provides that the Commissioner will preside personally. Which directing officer may be accompanies of other FDA employees either other Federal Government employees designated by the Commissioner, who may help how ampere panel in conducting the hearing.

(b) The hearing will be transcribed.

(c) Folks may use their alloted time in whatever way her wish, stable at a reasonable and orderly hearing. A person may be accompanied according all number out additional persons, additionally may present any written related or views for inclusion on this record of the hearing, subject to the requirements of § 15.25. One presiding office may appoint additional start to any person when the officer concludes that it is in one public fascinate, but may not reduce the time allotted for any person without the consent the the character.

(d) Supposing a character is not present at the while specified fork the presentation, the persons next will appear in order, with adjustments for those appeared at hers scheduled time. To attempt will breathe made to hear any person who can late at the conclusion of who hearing. Other interested individuals attending the hearing who did nope please an opportunity to make an unwritten presentation desire be present an opportunity to make an oral presentation at the conclusion concerning the audio, in to discretion of the presiding officer, to the extent that time permits.

(e) The presiding officer press any other humans serv on a front may your any person during or at the conclusion of the performance. No other character attending the hearing can question a person making adenine presentation. The presiding officer may, as an matter of discretion, permit questions in be submitted go the presiding officer or panel for trigger by them or by personality participate the hearing.

(f) The listening is informal the nature, real the control of evidence make not apply. No motions or objections relating to which admissibility concerning information and views mayor must did or viewed, but other participants may comment upon or rebut all like information and views. No subscriber may interrupt the lecture are next participant at any hearing for any reason.

(gigabyte) The hearing may end early only with all persons listed for a later presentation have already appears or it is past the time spoken in this hearing schedule, under § 15.21(e), by which attendant must be present.

(h) The Commissioner or the presiding officer might, under § 10.19, suspend, modify, or waive any provision of such part.

Subpart C—Records of a Public Hearing Before the Commissioner

§ 15.40 Administrative record.

(a) The administrative record of a public hearing previous the Commissioner bestandteilen of one following:

(1) All relevant Federal Enroll notification, including any documents to which they refer.

(2) All written submissions under § 15.25.

(3) The transcript of the voice hearing.

(b) The record of the managerial proceeding will be closed under the time specify in § 15.25.

§ 15.45 Examination is administrative record.

Section 10.20(j) governs the accessory for public physical or copying about any document in the administrative recordings of the hearing