21 U.S.C. § 824 : US Code - Section 824: Denial, revocation, or suspension of registration

Search 21 U.S.C. § 824 : US Code - Section 824: Denial, revocation, or suspension of registration

(a) Grounds
A registration pursuant to section 823 of this title to
manufacture, distribute, or dispense a controlled substance or a
list I chemical may be suspended or revoked by the Attorney General
upon a finding that the registrant -
(1) has materially falsified any application filed pursuant to
or required by this subchapter or subchapter II of this chapter;
(2) has been convicted of a felony under this subchapter or
subchapter II of this chapter or any other law of the United
States, or of any State, relating to any substance defined in
this subchapter as a controlled substance or a list I chemical;
(3) has had his State license or registration suspended,
revoked, or denied by competent State authority and is no longer
authorized by State law to engage in the manufacturing,
distribution, or dispensing of controlled substances or list I
chemicals or has had the suspension, revocation, or denial of his
registration recommended by competent State authority;
(4) has committed such acts as would render his registration
under section 823 of this title inconsistent with the public
interest as determined under such section; or
(5) has been excluded (or directed to be excluded) from
participation in a program pursuant to section 1320a-7(a) of
title 42.
A registration pursuant to section 823(g)(1) of this title to
dispense a narcotic drug for maintenance treatment or
detoxification treatment may be suspended or revoked by the
Attorney General upon a finding that the registrant has failed to
comply with any standard referred to in section 823(g)(1) of this
title.
(b) Limits of revocation or suspension
The Attorney General may limit revocation or suspension of a
registration to the particular controlled substance or list I
chemical with respect to which grounds for revocation or suspension
exist.
(c) Service of show cause order; proceedings
Before taking action pursuant to this section, or pursuant to a
denial of registration under section 823 of this title, the
Attorney General shall serve upon the applicant or registrant an
order to show cause why registration should not be denied, revoked,
or suspended. The order to show cause shall contain a statement of
the basis thereof and shall call upon the applicant or registrant
to appear before the Attorney General at a time and place stated in
the order, but in no event less than thirty days after the date of
receipt of the order. Proceedings to deny, revoke, or suspend shall
be conducted pursuant to this section in accordance with subchapter
II of chapter 5 of title 5. Such proceedings shall be independent
of, and not in lieu of, criminal prosecutions or other proceedings
under this subchapter or any other law of the United States.
(d) Suspension of registration in cases of imminent danger
The Attorney General may, in his discretion, suspend any
registration simultaneously with the institution of proceedings
under this section, in cases where he finds that there is an
imminent danger to the public health or safety. A failure to comply
with a standard referred to in section 823(g)(1) of this title may
be treated under this subsection as grounds for immediate
suspension of a registration granted under such section. A
suspension under this subsection shall continue in effect until the
conclusion of such proceedings, including judicial review thereof,
unless sooner withdrawn by the Attorney General or dissolved by a
court of competent jurisdiction.
(e) Suspension and revocation of quotas
The suspension or revocation of a registration under this section
shall operate to suspend or revoke any quota applicable under
section 826 of this title.
(f) Disposition of controlled substances or list I chemicals
In the event the Attorney General suspends or revokes a
registration granted under section 823 of this title, all
controlled substances or list I chemicals owned or possessed by the
registrant pursuant to such registration at the time of suspension
or the effective date of the revocation order, as the case may be,
may, in the discretion of the Attorney General, be placed under
seal. No disposition may be made of any controlled substances or
list I chemicals under seal until the time for taking an appeal has
elapsed or until all appeals have been concluded except that a
court, upon application therefor, may at any time order the sale of
perishable controlled substances or list I chemicals. Any such
order shall require the deposit of the proceeds of the sale with
the court. Upon a revocation order becoming final, all such
controlled substances or list I chemicals (or proceeds of sale
deposited in court) shall be forfeited to the United States; and
the Attorney General shall dispose of such controlled substances or
list I chemicals in accordance with section 881(e) of this title.
All right, title, and interest in such controlled substances or
list I chemicals shall vest in the United States upon a revocation
order becoming final.
(g) Seizure or placement under seal of controlled substances or
list I chemicals
The Attorney General may, in his discretion, seize or place under
seal any controlled substances or list I chemicals owned or
possessed by a registrant whose registration has expired or who has
ceased to practice or do business in the manner contemplated by his
registration. Such controlled substances or list I chemicals shall
be held for the benefit of the registrant, or his successor in
interest. The Attorney General shall notify a registrant, or his
successor in interest, who has any controlled substance or list I
chemical seized or placed under seal of the procedures to be
followed to secure the return of the controlled substance or list I
chemical and the conditions under which it will be returned. The
Attorney General may not dispose of any controlled substance or
list I chemical seized or placed under seal under this subsection
until the expiration of one hundred and eighty days from the date
such substance or chemical was seized or placed under seal.