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—
has materially falsified any application filed pursuant to or required by this subchapter or subchapter II;
has been convicted of a felony under this subchapter or subchapter II 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;
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;
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
A registration pursuant to section 823(h)(1)
See References in Text note below.
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(h)(1) of this title.
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.
An order to show cause under paragraph (1) shall—
contain a statement of the basis for the denial, revocation, or suspension, including specific citations to any laws or regulations alleged to be violated by the applicant or registrant;
direct the applicant or registrant to appear before the Attorney General at a time and place stated in the order, but not less than 30 days after the date of receipt of the order; and
notify the applicant or registrant of the opportunity to submit a corrective action plan on or before the date of appearance.
Upon review of any corrective action plan submitted by an applicant or registrant pursuant to paragraph (2), the Attorney General shall determine whether denial, revocation, or suspension proceedings should be discontinued, or deferred for the purposes of modification, amendment, or clarification to such plan.
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.
The requirements of this subsection shall not apply to the issuance of an immediate suspension order under subsection (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(h)(1) 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.
In this subsection, the phrase “imminent danger to the public health or safety” means that, due to the failure of the registrant to maintain effective controls against diversion or otherwise comply with the obligations of a registrant under this subchapter or subchapter II, there is a substantial likelihood of an immediate threat that death, serious bodily harm, or abuse of a controlled substance will occur in the absence of an immediate suspension of the registration.
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.
Order to prohibit registration based on prior history
The Attorney General may issue an order to prohibit, conditionally or unconditionally, and permanently or for such period as the Attorney General may determine, any person from being registered under this subchapter to manufacture, distribute, or dispense a controlled substance or a list I chemical, if the Attorney General finds that—
such person meets or has met any of the conditions for suspension or revocation of registration under subsection (a); and
such person has a history of prior suspensions or revocations of registration.
[Pub. L. 91–513, title II, § 304], Oct. 27, 1970, [84 Stat. 1255]; [Pub. L. 93–281, § 4], May 14, 1974, [88 Stat. 125]; [Pub. L. 98–473, title II], §§ 304, 512, 513, Oct. 12, 1984, [98 Stat. 2050], 2073; [Pub. L. 100–93, § 8(j)], Aug. 18, 1987, [101 Stat. 695]; [Pub. L. 103–200, § 3(d)], Dec. 17, 1993, [107 Stat. 2337]; [Pub. L. 103–322, title XXXIII, § 330024(e)], Sept. 13, 1994, [108 Stat. 2151]; [Pub. L. 106–310, div. B, title XXXV, § 3502(b)], Oct. 17, 2000, [114 Stat. 1227]; [Pub. L. 114–145, § 2(a)(2)], (b), Apr. 19, 2016, [130 Stat. 354]; [Pub. L. 117–36, § 2], Aug. 6, 2021, [135 Stat. 328]; [Pub. L. 117–215, title I, § 103(b)(1)(C)], Dec. 2, 2022, [136 Stat. 2263]; [Pub. L. 117–328, div. FF, title I, § 1262(b)(1)], Dec. 29, 2022, [136 Stat. 5682].)