21 CFR § 1316.49 - Waiver of hearing.

---
identifier: "/us/cfr/t21/s1316.49"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "21 CFR § 1316.49 - Waiver of hearing."
title_number: 21
title_name: "Food and Drugs"
section_number: "1316.49"
section_name: "Waiver of hearing."
chapter_name: "DRUG ENFORCEMENT ADMINISTRATION, DEPARTMENT OF JUSTICE"
part_number: "1316"
part_name: "ADMINISTRATIVE FUNCTIONS, PRACTICES, AND PROCEDURES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
regulatory_source: "36 FR 7820, Apr. 24, 1971, unless otherwise noted. Redesignated at 38 FR 26609, Sept. 24, 1973."
cfr_part: "1316"
---


# 1316.49 Waiver of hearing.

In proceedings other than those conducted under part 1301 or part 1309 of this chapter, any person entitled to a hearing may, within the period permitted for filing a request for hearing or notice of appearance, file with the Administrator a waiver of an opportunity for a hearing, together with a written statement regarding his 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.

[36 FR 7820, Apr. 24, 1971, as amended at 87 FR 68045, Nov. 14, 2022]