21 C.F.R. § 1301.41
Hearings generally
(a) In any case where the Administrator shall hold a hearing on any registration or application therefor, the procedures for such hearing shall be governed generally by the adjudication procedures set forth in the Administrative Procedure Act (5 U.S.C. 551-559) and specifically by sections 303, 304, and 1008 of the Act (21 U.S.C. 823-824 and 958), by §§ 1301.42-1301.46 of this part, and by the procedures for administrative hearings under the Act set forth in §§ 1316.41-1316.67 of this chapter.
(b) Any hearing under this part shall be independent of, and not in lieu of, criminal prosecutions or other proceedings under the Act or any other law of the United States.
Notes of Decisions
Cited in 3
cases, 1998–2017 · leading case: United States v. Akinyoyenu, 199 F. Supp. 3d 106 (D.D.C. 2016).
United States v. Akinyoyenu, 199 F. Supp. 3d 106 (D.D.C. 2016). “§ 847 ; 21 C.F.R. § 1301.41 (b), they are nonetheless complementary.”
Harline v. Drug Enf't Admin., 148 F.3d 1199 (10th Cir. 1998). “2894 ; see 21 C.F.R. §§ 1301.41 (a), 1316.41 (providing DEA adjudications be conducted, except where more specifically directed by DEA regulations, according to the APA).”
United States v. Michael, 260 F. Supp. 3d 845 (W.D. Ky. 2017). “§ 847 ; 21 C.F.R. § 1301.41 (b), they are nonetheless complementary.”
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