---
kind: "section"
citation: "21 C.F.R. § 58.206"
title: "21"
number: "58.206"
heading: "Final order on disqualification."
url: "https://uscodex.org/cfr/21/58.206"
---

# §58.206. Final order on disqualification.

- (a) If the Commissioner, after the regulatory hearing, or after the time for requesting a hearing expires without a request being made, upon an evaluation of the administrative record of the disqualification proceeding, makes the findings required in [§ 58.202](/cfr/21/58.202.md), he shall issue a final order disqualifying the facility. Such order shall include a statement of the basis for that determination. Upon issuing a final order, the Commissioner shall notify (with a copy of the order) the testing facility of the action.
- (b) If the Commissioner, after a regulatory hearing or after the time for requesting a hearing expires without a request being made, upon an evaluation of the administrative record of the disqualification proceeding, does not make the findings required in [§ 58.202](/cfr/21/58.202.md), he shall issue a final order terminating the disqualification proceeding. Such order shall include a statement of the basis for that determination. Upon issuing a final order the Commissioner shall notify the testing facility and provide a copy of the order.

## Notes

### Authority

Authority: 21 U.S.C. 342, 346, 346a, 348, 351, 352, 353, 355, 360, 360b-360f, 360h-360j, 371, 379e, 381; 42 U.S.C. 216, 262, 263b-263n.

### Source

Source: 43 FR 60013, Dec. 22, 1978, unless otherwise noted.