21 CFR 1316.52 - Presiding officer

Cite as21 CFR 1316.52
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11 practice notes
  • Edge Pharmacy; Decision and Order
    • United States
    • Federal Register October 19, 2016
    • October 19, 2016
    ...reason, as his duty to certify the record exists only when a proceeding goes to a hearing or is resolved through summary disposition. 21 CFR 1316.52. Upon Respondent's waiver of its right to a hearing, the CALJ's jurisdiction over the matter ceased. Indeed, in his letter to the prior Admini......
  • Superior Pharmacy I and Superior Pharmacy II Decision and Order
    • United States
    • Federal Register May 18, 2016
    • May 18, 2016
    ...(CALJ) had denied the motion of the respondent on the ground that it did ``not comport with the narrowly- focused grant of authority in 21 CFR 1316.52(d),'' and that the respondent did ``not seek to compel . . . the class of documents discoverable under the Administrative Procedure Act or s......
  • David A. Ruben, M.D.; Decision and Order
    • United States
    • Federal Register June 26, 2013
    • June 26, 2013
    ...the first of the ALJ's reasons, the Agency's regulations clearly grant the ALJ authority ``to take all necessary action to avoid delay.'' 21 CFR 1316.52. Moreover, this regulation provides that the ALJ ``shall have all powers necessary to these ends, including (but not limited to) the power......
  • Morris & Dickson Co. v. Whitaker, CIVIL ACTION NO.: 18-1406
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Western District of Louisiana
    • December 28, 2018
    ...5 U.S.C. § 556(b). Under § 3105, ALJs are appointed by the agency for whom they will conduct proceedings. 5 U.S.C. § 3105 ; see 21 C.F.R. § 1316.52 ("A presiding officer, designated by the [DEA] Administrator, shall preside over all hearings.").2 The Attorney General has ratified Judge Dorm......
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5 cases
  • Morris & Dickson Co. v. Whitaker, CIVIL ACTION NO.: 18-1406
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Western District of Louisiana
    • December 28, 2018
    ...5 U.S.C. § 556(b). Under § 3105, ALJs are appointed by the agency for whom they will conduct proceedings. 5 U.S.C. § 3105 ; see 21 C.F.R. § 1316.52 ("A presiding officer, designated by the [DEA] Administrator, shall preside over all hearings.").2 The Attorney General has ratified Judge Dorm......
  • 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
    • July 15, 2016
    ...7 of witnesses and the production of materials "necessary to conduct administrative proceedings pending before [them]." 21 C.F.R. § 1316.52(d); (see also Doc. 11. PageID 208, DEA's discussion of delegation of adjudicatory subpoena power to DEA ALJs under the statutory authority of the CSA.)......
  • 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)
    • August 17, 2018
    ...that the requested categories of documents were not "necessary to conduct" the hearing as would be required for disclosure under 21 C.F.R. § 1316.52(d) and, therefore, ordered the subpoena quashed. The efficacy of this DEA order is at the root of all subsequent litigation.On the basis of it......
  • 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
    • October 24, 2018
    ...and to issue subpoenas to compel the attendance of witnesses and the production of materials "necessary" for the hearing. See 21 C.F.R. §1316.52(d). However, administrative revocation hearings do not include the type of discovery process that is available to civil litigants in this Court. C......
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