DEA Registration Suspensions & Revocations

Show cause hearings are held before a federal administrative law judge. Each party has an opportunity to present their arguments. You may admit evidence and present witnesses to support your case. The DEA has the burden of proof to show by a preponderance of the evidence that a violation occurred. The ALJ will determine whether it is inconsistent with the public interest for the registrant to maintain a DEA registration.

Following the hearing, the ALJ will issue a recommended decision, which is then submitted to the DEA Administrator. If the registrant or DEA disagrees with the ALJ’s recommended decision, they may submit exceptions. The DEA Administrator will issue a final decision either adopting, modifying or rejecting the ALJ’s recommended decision.

The DEA considers the following factors when determining whether a DEA registration would be “inconsistent with the public interest:

1. 1. 1. Failure to maintain effective controls against diversion of controlled substances into other than legitimate medical, scientific and industrial channels
      2. Failure to comply with applicable state and local laws
      3. Prior federal or state convictions relating to the manufacture, distribution or dispensing of controlled substances
      4. Lack of experience in the distribution of controlled substances
      5. Other factors relevant to and consistent with public health and safety.

If the registrant is unsatisfied with the final decision, they may appeal the decision to the U.S. Court of Appeals.