21 CFR 1316.42 - Definitions
Cite as | 21 CFR 1316.42 |
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3 practice notes
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Edge Pharmacy; Decision and Order
...in support of the proposed revocation. In Respondent's view, the Government is simply a ``person'' under the Agency's regulation (21 CFR 1316.42(e)) entitled to a hearing or to participate in a hearing, or to submit a written statement of position. Respondent argues that ``a hearing may onl......
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Trinity Pharmacy II; Decision and Order
...should receive. \52\ ``The term presiding officer means an administrative law judge qualified and appointed as provided in the'' APA. 21 CFR 1316.42(f) (citing 5 U.S.C. 556). The APA, in turn, characterizes an ALJ as a ``presiding or participating employee'' of the Agency. 5 U.S.C. 556(b). ......
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Richard J. Settles, D.O.; Decision and Order
...Once again, Respondent is mistaken. Notwithstanding that an agency regulation applicable to hearings (21 CFR 1316.42(e)) defines the ``the term person to include an individual, corporation, government or governmental subdivision or agency,'' when the Government initiates an Order to Show Ca......
3 provisions
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Trinity Pharmacy II; Decision and Order
...should receive. \52\ ``The term presiding officer means an administrative law judge qualified and appointed as provided in the'' APA. 21 CFR 1316.42(f) (citing 5 U.S.C. 556). The APA, in turn, characterizes an ALJ as a ``presiding or participating employee'' of the Agency. 5 U.S.C. 556(b). ......
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Edge Pharmacy; Decision and Order
...in support of the proposed revocation. In Respondent's view, the Government is simply a ``person'' under the Agency's regulation (21 CFR 1316.42(e)) entitled to a hearing or to participate in a hearing, or to submit a written statement of position. Respondent argues that ``a hearing may onl......
-
Richard J. Settles, D.O.; Decision and Order
...Once again, Respondent is mistaken. Notwithstanding that an agency regulation applicable to hearings (21 CFR 1316.42(e)) defines the ``the term person to include an individual, corporation, government or governmental subdivision or agency,'' when the Government initiates an Order to Show Ca......