21 CFR 1301.44 - Burden of proof
| Cite as | 21 CFR 1301.44 |
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145 practice notes
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Holiday CVS, L.L.C., d/b/a CVS/Pharmacy Nos. 219 and 5195; Decision and Order
...In an action to revoke a registrant's COR, the DEA has the burden of proving that the requirements for revocation are satisfied. 21 CFR 1301.44(e) (2011). The Government may sustain its burden by showing that the Respondent has committed acts inconsistent with the public interest. Jeri Hass......
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Perry County Food & Drug Decision and Order
...of a revocation of a DEA COR, the DEA has the burden of proving that the requirements for continued registration are not satisfied. 21 CFR 1301.44(d) (2015). Where the Government has met this burden by making a prima facie case for revocation of a registrant's DEA COR, the burden of product......
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Jeffery J. Becker, D.D.S., and Jeffery J. Becker, D.D.S., Affordable Care Decision and Order
...In an action to revoke a registrant's COR, the DEA has the burden of proving that the requirements for revocation are satisfied. 21 CFR 1301.44(e) (2011). The Government may sustain its burden by showing that the Respondent has committed acts inconsistent with the public interest.\73\ Jeri ......
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Mireille Lalanne, M.D.; Denial of Application
...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......
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11 cases
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Craker v. Drug Enforcement Admin., No. 09–1220.
...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......
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Penick Corp., Inc. v. Drug Enforcement Admin., No. 06-1105.
...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 that its r......
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Jones Total Health Care Pharmacy, LLC v. Drug Enforcement Admin., No. 16-17346
...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......
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Com. v. Chatfield-Taylor, CHATFIELD-TAYLOR
...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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