DEA Registration Suspensions and Revocations

DEA Suspension Orders & Show Cause Orders

When the DEA takes action to suspend or revoke a DEA registration, they must first serve an order to show cause on the registrant. In certain “emergency” situations, if the DEA finds there is an “imminent danger to the public health or safety,” the DEA may suspend any DEA registration simultaneously with the issuance of an immediate suspension order and order to show cause. The show cause order requires you to show why your DEA registration should not be revoked, suspended or denied. The order will contain a statement of the legal basis and reason(s) for issuing the order along with a summary of the facts and law asserted. Much like action taken by state medical boards, the registrant has the right to request a hearing with an administrative law judge (ALJ) to challenge the facts alleged in the DEA’s order to show cause. The registrant has 30 days from the date the order is served to file a request for a hearing. Failure to file the request within 30 days will be deemed a waiver of your right to a hearing, and the DEA may request that final action be taken. Therefore, it is important that you contact an attorney immediately upon receiving an immediate suspension order or show cause order, so that we may preserve your rights and prepare your defense to protect your DEA registration.

DEA Show Cause Hearings

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.

Why You Shouldn’t Surrender Your DEA Registration

The DEA frequently contacts registrants before taking action and attempts to have the registrant voluntarily relinquish their DEA registration in lieu of further action. All too often, registrants voluntarily relinquish their DEA registration because of fear of administrative or criminal action, often without having sought legal counsel.

There are many reasons why you should not surrender your DEA registration. For example:

• • You likely will not be able to obtain a DEA registration in the future
  • You may face state licensing action against your other professional licenses for surrendering your DEA registration
  • You may be excluded from Medicare and Medicaid programs
  • You may be reported to your credentialing committee and may suffer job loss
  • DEA registration surrenders and other disciplinary action is reported to the National Practitioner Databank