21 CFR 1301.44 - Burden of proof

Cite as21 CFR 1301.44
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145 practice notes
  • Holiday CVS, L.L.C., d/b/a CVS/Pharmacy Nos. 219 and 5195; Decision and Order
    • United States
    • Federal Register October 12, 2012
    • October 12, 2012
    ...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......
  • Perry County Food & Drug Decision and Order
    • United States
    • Federal Register November 12, 2015
    • November 12, 2015
    ...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......
  • Jeffery J. Becker, D.D.S., and Jeffery J. Becker, D.D.S., Affordable Care Decision and Order
    • United States
    • Federal Register December 05, 2012
    • December 5, 2012
    ...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 ......
  • 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......
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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
    ...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......
  • 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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