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DEA Registration Revocation and Suspension Appeal Attorney

What is the Deadline to Appeal a DEA Final Order and Revocation of DEA Registration?

Registrants seeking to appeal the DEA’s final order or decision must appeal to the Court of Appeals within thirty (30) days of the notice of the decision by the DEA. 21 U.S.C.S. § 877. Review of agency decisions, such as DEA revocations and suspensions, must conform to the requirements outlined in the Administrative Procedures Act, 5 U.S.C. §701.

When May I Appeal my DEA Registration Revocation?

Specifically, to appeal a DEA revocation or suspension, a registrant must show the following:

      • that the decision was a final order,
      • the registration appealed after exhaustion of all administrative remedies, and
      • the appeal was made within thirty (30) days of the notice of the final order.

Grounds for Appealing DEA Registration Revocations and Suspensions

The Administrative Procedures Act (5 U.S.C. § 706) provides the grounds for the review and reversal of a DEA registration revocation:

      • arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
      • contrary to constitutional right, power, privilege, or immunity;
      • in excess of statutory jurisdiction, authority, or limitations, or short of statutory right;
      • without observance of procedure required by law; or
      • unsupported by substantial evidence or facts in a case.

Where Do I File An Appeal of a DEA Decision?

Your appeal will be filed in the United States Court of Appeals for the District of Columbia or in the Circuit Court of Appeals where your principal place of business is located.

Our Experience

Receiving a final order confirming the revocation and/or suspension of your DEA registration can be a troubling and terrifying experience. Often, without a valid DEA registration, practitioners, health care professionals, and distributors find themselves out of work, unable to pay bills, and unable to maintain their livelihoods. While it may seem as though hope is lost, there are still legal remedies available to challenge the final order. Our appellate health care attorneys have extensive experience in appealing registration revocations and we will work hard to help you maintain your professional career and lifestyle.

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