21 CFR 1301.43 - Request for hearing or appearance; waiver

Cite as21 CFR 1301.43
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868 practice notes
  • Edge Pharmacy; Decision and Order
    • United States
    • Federal Register October 19, 2016
    • October 19, 2016
    ...1-2. As for whether there was good cause to accept its Written Statement of Position, Respondent argues that the CALJ erred in relying on 21 CFR 1301.43 when he concluded that it was foreclosed from filing its written statement of position because the time period for filing its hearing requ......
  • Pharmacy Doctors Enterprises d/b/a Zion Clinic Pharmacy; Decision and Order
    • United States
    • Federal Register March 13, 2018
    • March 13, 2018
    ...to a hearing, the procedures for electing each option, and the consequences for failing to elect either option. ALJX 1, at 11 (citing 21 CFR 1301.43). On February 25, 2015, the DEA Diversion Investigator (hereinafter, DI) assigned to the investigation of Respondent, personally served the Or......
  • Jose Raul S. Villavicencio, M.D.; Decision and Order
    • United States
    • Federal Register January 23, 2015
    • January 23, 2015
    ...written statement in lieu of a hearing, the procedure for doing either, and the consequence for failing to do either. Id. at 3-4 (citing 21 CFR 1301.43). On July 8, 2013, a Diversion Investigator (DI) served the Show Cause Order on Registrant by electronic mail to the email address he had p......
  • Keith Ky Ly, D.O.; Decision and Order
    • United States
    • Federal Register May 20, 2015
    • May 20, 2015
    ...Id. She further concluded that ``Respondent's failure to file a timely request constituted a waiver of his right to a hearing under 21 CFR 1301.43(d).'' Id. at 10. The ALJ thus denied Respondent's motion to reopen the matter. Thereafter, the Government forwarded a Request for Final Agency A......
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5 cases
  • Taylor v. U.S., No. 76-1235
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • March 3, 1977
    ...1301.32(a) (7) & (8) (1975); 21 C.F.R. § 1301.33 (1975). And applications may be taken for bulk manufacture of schedule I substances. 21 C.F.R. § 1301.43 Page 990 (1975). 17 Given these limited legal activities, it is conceivable there exists a retail market price for drugs used in such pro......
  • MD Pharmaceutical, Inc. v. Drug Enforcement Admin., No. 96-1256
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • January 16, 1998
    ...in the Federal Register, and send individual notices to other applicants and to currently registered bulk manufacturers of the drug. 21 C.F.R. § 1301.43(a) (1996). The other applicants and registrants are free to file comments on the proposed registration within 60 days. Id. Registered manu......
  • Rizvi v. Kovach, 20-3269
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • August 16, 2021
    ...Plaintiff responded to the OSC via email and phone but did not request a hearing, thereby waiving his right to a hearing pursuant to 21 C.F.R. § 1301.43(d); and that the DEA considered Plaintiff's responses in reaching its decision. See HilRizvi, M.D., 85 Fed. Reg. at 73, 805. Moreover, as ......
  • Ly v. United States, No. 15-71833
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • April 24, 2017
    ...discretion by denying Dr. Ly's motion to reopen because Dr. Ly waived the opportunity for a hearing on his registration status. See 21 C.F.R. § 1301.43; see also Pincay v. Andrews, 389 F.3d 853, 855-56 (9th Cir. 2004) (ignorance of the rules or mistakes construing the rules do not usually c......
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