21 CFR 1301.44 - Burden of proof

Cite as21 CFR 1301.44
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145 practice notes
  • Decisions and Orders:
    • United States
    • Federal Register October 03, 2011
    • October 3, 2011
    ...revocation are satisfied.\54\ The burden of proof shifts to the registrant once the Government has made its prima facie case.\55\ \54\ 21 CFR 1301.44(e) \55\ Medicine Shoppe--Jonesborough, 73 FR 364, 380 (DEA 2008); see also Thomas E. Johnston, 45 FR 72,311, 72,311 (DEA 1980). The Factors T......
  • Jana Marjenhoff, D.O.; Decision and Order
    • United States
    • Federal Register May 20, 2015
    • May 20, 2015
    ...of an application for a DEA COR, the DEA has the burden of proving that the requirements for registration are not satisfied. 21 CFR 1301.44(d). Where the Government has sustained its burden and established that an applicant has committed acts inconsistent with the public interest, that appl......
  • Mireille Lalanne, M.D.; Denial of Application
    • United States
    • Federal Register August 06, 2013
    • August 6, 2013
    ...of an application for a COR, the DEA has the burden of proving that the requirements for registration are not satisfied. 21 C.F.R. Sec. 1301.44(d) (2011). Where the Government has sustained its burden and established that an applicant has committed acts inconsistent with the public interest......
  • Edge Pharmacy; Decision and Order
    • United States
    • Federal Register October 19, 2016
    • October 19, 2016
    ...have the burden of proving that the requirements for such registration pursuant to . . . 21 U.S.C. Sec. 823 . . . are not satisfied.'' 21 CFR 1301.44(d). In this matter, while I have considered all of the factors, the Government's evidence in support of its prima facie case is confined to f......
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11 cases
  • Craker v. Drug Enforcement Admin., No. 09–1220.
    • United States
    • U.S. Court of Appeals — First 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., No. 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., No. 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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