21 C.F.R. §1301.44 - Burden of proof

Cite as21 C.F.R. §1301.44
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11 cases
  • Craker v. Drug Enforcement Admin., 09–1220.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • April 15, 2013
    ...safety.Id. § 823(a)(1)–(6). The applicant carries the burden of proof at any administrative hearing on a registration application. 21 C.F.R. § 1301.44(a). Since 1968, the National Center for Natural Products Research (“NCNPR”) at the University of Mississippi has held the necessary registra......
  • Penick Corp., Inc. v. Drug Enforcement Admin., 06-1105.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • June 26, 2007
    ...participating in the [registration] hearing . . . ha[s] the burden of proving any propositions of fact or law asserted by him/her." 21 C.F.R. § 1301.44(c). Yet 21 C.F.R. § 1301.44(c) and 21 U.S.C. § 958(a) together simply require that the applicant prove by a preponderance of the evidence t......
  • Jones Total Health Care Pharmacy, LLC v. Drug Enforcement Admin., 16-17346
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • January 29, 2018
    ...711 (6th Cir. 2016). The government bears the initial burden of proving that registration is inconsistent with the public interest. 21 C.F.R. § 1301.44(d), (e). If the government proves its prima facie case, the burden of proof shifts to the registrant to show why it can be trusted with a r......
  • Com. v. Chatfield-Taylor, CHATFIELD-TAYLOR
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • January 8, 1987
    ...Prevention and Control Act of 1970, 21 U.S.C. §§ 801 et seq. (1982 ed. and Supp. 1986), and the regulations promulgated thereunder, 21 C.F.R. § 1301 et seq. (1986), require physicians who distribute controlled substances to register with the DEA. Upon registration, the individual is issued ......
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