21 CFR 1316.62 - Appeal from ruling of presiding officer

Cite as21 CFR 1316.62
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5 practice notes
  • Admin. Subpoena Walgreen Co. v. U.S. Drug Enforcement Admin., No. 1:12–mc–43 (JCC/IDD).
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Eastern District of Virginia)
    • 21 Diciembre 2012
    ...v. Interbake Foods, LLC, 637 F.3d 492, 499 (4th Cir.2011). Appeal to the DEA Administrator of an adverse ruling is also allowed. 21 C.F.R. § 1316.62. It is clear that Walgreens intends to pursue action at the administrative level, having scheduled an administrative hearing before the DEA to......
  • Applications, hearings, determinations, etc.: Branex, Inc.,
    • United States
    • Federal Register February 25, 2004
    • 25 Febrero 2004
    ...on Motions, granting the Government's Motion for Written Ruling, and further certified the issue for interlocutory appeal pursuant to 21 CFR 1316.62. On August 3, 2001, the then-Acting Administrator received the Government's Interlocutory Appeal of the Ruling of the Administrative Law Judge......
  • Walgreen Co. v. U.S. Drug Enforcement Admin., 1:12-mc-43 (JCC/IDD)
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Eastern District of Virginia)
    • 21 Diciembre 2012
    ...v. Interbake Foods, LLC, 637 F.3d 492, 499 (4th Cir. 2011). Appeal to the DEA Administrator of an adverse ruling is also allowed. 21 C.F.R. § 1316.62. It is clear that Walgreens intends to pursue action at the administrative level, having scheduled an administrative hearing before the DEA t......
  • Miami-Luken, Inc. v. U.S. Drug Enforcement Admin., No. 17-3614
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • 17 Agosto 2018
    ...moved for reconsideration or, in the alternative, to certify the question for interlocutory appeal to the Administrator pursuant to 21 C.F.R. § 1316.62. When the ALJ denied both requests, the DEA immediately filed a notice declaring that it would not comply with the subpoena.In response, Mi......
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4 cases
  • Admin. Subpoena Walgreen Co. v. U.S. Drug Enforcement Admin., No. 1:12–mc–43 (JCC/IDD).
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Eastern District of Virginia)
    • 21 Diciembre 2012
    ...v. Interbake Foods, LLC, 637 F.3d 492, 499 (4th Cir.2011). Appeal to the DEA Administrator of an adverse ruling is also allowed. 21 C.F.R. § 1316.62. It is clear that Walgreens intends to pursue action at the administrative level, having scheduled an administrative hearing before the DEA to......
  • Walgreen Co. v. U.S. Drug Enforcement Admin., 1:12-mc-43 (JCC/IDD)
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Eastern District of Virginia)
    • 21 Diciembre 2012
    ...v. Interbake Foods, LLC, 637 F.3d 492, 499 (4th Cir. 2011). Appeal to the DEA Administrator of an adverse ruling is also allowed. 21 C.F.R. § 1316.62. It is clear that Walgreens intends to pursue action at the administrative level, having scheduled an administrative hearing before the DEA t......
  • Miami-Luken, Inc. v. U.S. Drug Enforcement Admin., No. 17-3614
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • 17 Agosto 2018
    ...moved for reconsideration or, in the alternative, to certify the question for interlocutory appeal to the Administrator pursuant to 21 C.F.R. § 1316.62. When the ALJ denied both requests, the DEA immediately filed a notice declaring that it would not comply with the subpoena.In response, Mi......
  • Miami-Luken, Inc. v. U.S. Dep't of Justice, Case No. 1:16-mc-012
    • United States
    • United States District Courts. 6th Circuit. United States District Courts. 6th Circuit. Southern District of Ohio
    • 1 Agosto 2017
    ...clearly necessary to prevent exceptional delay, expense, or prejudice to any party or substantial detriment to the public interest." 21 C.F.R. § 1316.62. Regardless of how much the DEA Administrator rails against the wisdom of the CALJ in denying interlocutory appeal of the issues presented......

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