DEA Administrative Hearing Attorney

Lawyers Representing Medical Practitioners in DEA Registration Hearings Throughout the U.S.

Medical providers who prescribe, dispense, or otherwise handle controlled substances must receive a certificate of registration from the Drug Enforcement Administration (DEA). They will be required to regularly apply for renewal of this registration in order to continue prescribing or dispensing these types of drugs. Unfortunately, the DEA may uncover information that leads it to take action against a provider's controlled substance registration. In cases involving the suspension or revocation of DEA registration or the denial of a DEA registration application or renewal, an applicant or registrant can request an administrative hearing. During this type of hearing, it is crucial to be represented by an experienced attorney.

At The Law Offices of Joseph J. Bogdan, Inc., our lawyers provide legal help and representation in DEA administrative hearings and other matters involving controlled substance registration, professional licensing, board certification, and loss of provider status. Attorney Joseph Bogdan has defended medical professionals in a wide variety of cases, and he regularly serves as an expert witness in criminal and civil cases and administrative hearings involving doctors, pharmacies, and other providers. With our knowledge of the legal issues involved in DEA cases, we can help you protect your ability to work with controlled substances.

What Happens in a DEA Administrative Hearing?

In cases involving DEA enforcement actions, a registrant or applicant will be served with an Order to Show Cause, and this will require them to demonstrate why their DEA registration should not be suspended, revoked, or denied. Within 30 days after being served, a person must either request an administrative hearing or waive their right to a hearing while providing a written statement presenting their position.

After a hearing is requested, it will proceed similarly to a trial in court. Administrative hearings are held before an Administrative Law Judge (ALJ). After a case is placed on an ALJ's docket, both parties will provide prehearing statements, and the ALJ will schedule a prehearing conference. The parties may conduct discovery to obtain evidence, and they may prepare witnesses who will testify at the hearing.

At the hearing, each party will present a case to the ALJ, and this may include submitting evidence and rebutting the other party's evidence, calling witnesses to testify, and cross-examining witnesses. Each side will present opening and closing arguments, and they may also submit post-hearing briefs to the ALJ. The DEA will have the burden of proof to show by a preponderance of the evidence that a violation occurred or that there are other reasons why a person should not be allowed to prescribe, manufacture, distribute, or dispense controlled substances. The ALJ will make a decision, and either party may file an exception to this decision based on the belief that the ALJ made legal or factual errors. The DEA Administrator will review the ALJ's decision and any exceptions and issue a final order. If necessary, an applicant or registrant may appeal the final decision in the U.S. Court of Appeals.

It may be possible to resolve a case before the completion of an administrative hearing if the parties can negotiate a settlement, such as agreeing to a temporary suspension of DEA registration rather than a permanent revocation. An applicant or registrant can also submit a Corrective Action Plan that describes the remedial actions they will take to ensure that controlled substances are handled safely and legally while asking the DEA to withdraw an Order to Show Cause.

Contact Our United States DEA Hearing Lawyer

When defending your DEA registration, you will need an attorney on your side who can respond to accusations that you have committed a violation, show that you have acted and will continue to act responsibly when working with controlled substances, and protect your ability to work in your chosen field. The Law Offices of Joseph J. Bogdan, Inc. will provide the legal help you need, and we will work with you to reach a positive resolution to your case. Contact our attorneys today at 630-310-1267 to arrange your free consultation.