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Administrative Law – DEA Registration
Individuals and businesses entities, such as physicians, pharmacists,
wholesale distributors, manufacturers, and pharmacies that distribute
or manufacture controlled substances or listed chemicals are
required by federal law to obtain a registration from the United
States Drug Enforcement Administration.
Registrations are issued
and renewed by the DEA under the specific provisions of the Controlled
Substance Abuse Prevention Act. The failure to follow the rules
and regulations promulgated by the DEA under this Act can lead
to the imposition of civil fines, with maximum statutory penalties
ranging up to $25,000 per violation. The DEA often uses violations
of these rules and regulations as grounds to institute registration
revocation proceedings before the U.S. Department of Justice.
Revocation
proceedings before the U.S. Department of Justice follow a specific
set of procedural and substantive rules and guidelines. These
differ from the general rules in state and federal courts, and
require that your attorney possess a working knowledge of the
Code of Federal Regulations, the Federal Register, and the Administrative
Procedures Act.
A final decision by the DEA Deputy Administrator
revoking a DEA registrant’s registration can bring dire
consequences for the registrant. If the ongoing operation of
that registrant’s
business is dependent on its continued registration with the
DEA, the loss of that registration can lead to the collapse of
the business. In addition, DEA registrants registered with
state-licensing boards can also be subjected to discipline by
the respective licensing authority for revocation of their DEA
license.
The practice of Connelly, Jackson, & Collier LLP
includes litigating and resolving claims brought by the DEA seeking
civil penalties for violations of the Controlled Substance Abuse
Prevention Act. Attorneys for the firm have represented DEA Registrants
in the states of Ohio, Tennessee, Illinois, Mississippi, Utah,
and Montana in connection with civil and administrative license
revocation proceedings brought by the DEA.
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