Potential Changes to the Rules for DEA Administrative Hearings

 Posted on June 22, 2021 in Medical License Defense

Medical providers who prescribe or dispense controlled substances are required to maintain a registration with the Drug Enforcement Administration (DEA). If the DEA believes that a person has acted unlawfully when prescribing or dispensing controlled substances, it may take action to suspend or revoke a provider’s registration. In these cases, a provider can request an administrative hearing where they can present evidence showing why their registration should not be suspended or revoked. Those who need to address these issues will want to be aware of some potential rule changes that could affect administrative hearings in the future.

Proposed Rule Changes by the DEA

In September of 2020, the DEA submitted a Notice of Proposed Rulemaking that would modify the time frames and procedures followed during administrative hearings. The proposed changes include:

• After being served with an Order to Show Cause, a person would be required to submit a request for an administrative hearing within 15 days. Currently, registrants have 30 days to request a hearing, and this change would significantly reduce the amount of time a provider will have to review the allegations in an Order to Show Cause and determine the best course of action to take.

• A provider would be required to file a response to an Order to Show Cause within 30 days after being served with the order. In this response, a registrant would be required to admit or deny each of the individual allegations made by the DEA in the Order to Show Cause, or they may state that they do not have enough information to either admit or deny certain allegations. This change would increase the requirements for those who are planning to contest a suspension or revocation of their DEA registration, making the process more difficult.

• If a person fails to request a hearing or provide a response to an Order to Show Cause, a default judgment may be entered against them, and they will be considered to have admitted to the allegations. 

• If the DEA fails to prosecute the proceedings against a registrant, an Order to Show Cause may be dismissed.

• A registrant would no longer be able to waive their right to an administrative hearing while providing a statement detailing their response to the DEA’s allegations. Under the proposed new rules, waiving the right to a hearing will result in a default judgment against the registrant.

Contact Our Illinois DEA Administrative Hearing Attorney

The procedures followed in DEA hearings can be complicated, and if a person fails to meet all of their requirements, they may lose their right to contest the allegations against them. At The Law Offices of Joseph J. Bogdan, Inc., we make sure our clients understand the DEA’s rules regarding Orders to Show Cause and administrative hearings, and we help them take the right steps to defend their DEA registration and avoid consequences that could affect their careers. Contact our Illinois DEA registration defense lawyer today at 630-310-1267 to set up a free consultation and get the legal help you need.

Sources:

https://www.deadiversion.usdoj.gov/fed_regs/rules/2020/fr0930.htm