C.F.R. » Title 21 » CHAPTER II—DRUG ENFORCEMENT ADMINISTRATION, DEPARTMENT OF JUSTICE › PART 1309—REGISTRATION OF MANUFACTURERS, DISTRIBUTORS, IMPORTERS AND EXPORTERS OF LIST I CHEMICALS

21 C.F.R. § 1309.54

Burden of proof

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(a) At any hearing for the denial of a registration, the Administration shall have the burden of proving that the requirements for such registration pursuant to section 303 of the Act (21 U.S.C. 823) are not satisfied.

(b) At any hearing for the revocation or suspension of a registration, the Administration shall have the burden of proving that the requirements for such revocation or suspension pursuant to section 304(a) of the Act (21 U.S.C. 824(a)) are satisfied.

[60 FR 32454, June 22, 1995. Redesignated at 62 FR 13968, Mar. 24, 1997]
Notes of Decisions
Cited in 1 case, 2009–2009 · leading case: Novelty, Inc. v. Drug Enf't Admin., 571 F.3d 1176 (D.C. Cir. 2009).
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Novelty, Inc. v. Drug Enf't Admin., 571 F.3d 1176 (D.C. Cir. 2009). · cites it 2× “But the burden of proof is *1197 on the government before it can take away someone's livelihood, see 21 C.F.R. § 1309.54 (b), and even if it were otherwise, this is an unfair obligation to spring on Novelty as the company was responding to the statistics of DEA's so-called…”
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