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What Is a DEA Order to Show Cause?

April 8, 2022 Uncategorized

The DEA has the authority to issue orders to show cause (OTSC) against individuals and entities that it believes are violating the Controlled Substances Act. An OTSC is a formal notice of alleged violations and an opportunity for the recipient to explain why their registration should not be revoked.

If you have received an OTSC from the DEA, you need experienced legal representation on your side. Our attorneys can help you understand your rights and options, prepare a strong defense, and protect your interests throughout every stage of the process. Call us today or contact us online for a free consultation.

What Is an Order to Show Cause?

An OTSC is a formal notice of alleged violations and an opportunity for the recipient to explain why their registration should not be revoked. The DEA may issue an OTSC if it believes that a registrant has violated the Controlled Substances Act or its regulations. An OTSC may also be issued if the DEA believes that a registrant’s registration is inconsistent with the public interest.

The DEA will send you an OTSC by certified mail, return receipt requested, and include:

A statement of alleged violations; A notice of hearing; A prehearing statement; and A copy of 21 CFR 1301.37 (the regulations governing administrative hearings).

6 Key Facts about DEA Orders to Show Cause

1. An Order to Show Cause is a formal notice that the DEA intends to revoke your registration and/or deny your application for registration.

2. The DEA will send you an Order to Show Cause if it believes that you have violated the Controlled Substances Act or its regulations, or if it believes that you are an imminent danger to public health and safety.

3. An Order to Show Cause gives you an opportunity to explain why your registration should not be revoked or denied. This is done through a hearing process before an Administrative Law Judge (ALJ).

4. If you do not respond to an Order to Show Cause within 30 days, your registration will be automatically revoked.

5. If you respond to an Order to Show Cause, the DEA will schedule a hearing before an ALJ within 60 days of receiving your response.

6. At the hearing, both you and the DEA will have the opportunity to present evidence and witnesses in support of your respective positions.

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