* This message forwarded from private area of Rich Woods
  * Original message dated 31 Dec 96  09:55:21, from "  Ray Dunegan" 
 
 Apparently-to: rich.woods@245.genesplicer.org
From: "  Ray Dunegan" 
Date: Tue, 31 Dec 1996 12:55:21 -0500
    before the effective date of section 822 of this title who are
    registered on such date under section 360 of this title or section
    4722 of Title 26, Internal Revenue Code, see section 703 of Pub. L.
    91-513, set out as a note under section 822 of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 824, 827, 828, 880, 952,
-CITE-
    21 USC Sec. 824
 
-EXPCITE-
    TITLE 21
    CHAPTER 13
    SUBCHAPTER I
    Part C
 
-HEAD-
    Sec. 824. Denial, revocation, or suspension of registration
 
-STATUTE-
    (a) Grounds
      A registration pursuant to section 823 of this title to
    manufacture, distribute, or dispense a controlled substance may be
    suspended or revoked by the Attorney General upon a finding that
    the registrant -
        (1) has materially falsified any application filed pursuant to
      or required by this subchapter or subchapter II of this chapter;
        (2) has been convicted of a felony under this subchapter or
      subchapter II of this chapter or any other law of the United
      States, or of any State, relating to any substance defined in
      this subchapter as a controlled substance;
        (3) has had his State license or registration suspended,
      revoked, or denied by competent State authority and is no longer
      authorized by State law to engage in the manufacturing,
      distribution, or dispensing of controlled substances or has had
      the suspension, revocation, or denial of his registration
      recommended by competent State authority;
        (4) has committed such acts as would render his registration
      under section 823 of this title inconsistent with the public
      interest as determined under such section; or
        (5) has been excluded (or directed to be excluded) from
      participation in a program pursuant to section 1320a-7(a) of
      title 42.
    A registration pursuant to section 823(g) of this title to dispense
    a narcotic drug for maintenance treatment or detoxification
    treatment may be suspended or revoked by the Attorney General upon
    a finding that the registrant has failed to comply with any
    standard referred to in section 823(g) of this title.
    (b) Limits of revocation or suspension
      The Attorney General may limit revocation or suspension of a
    registration to the particular controlled substance with respect to
    which grounds for revocation or suspension exist.
    (c) Service of show cause order; proceedings
      Before taking action pursuant to this section, or pursuant to a
    denial of registration under section 823 of this title, the
    Attorney General shall serve upon the applicant or registrant an
    order to show cause why registration should not be denied, revoked,
    or suspended.  The order to show cause shall contain a statement of
    the basis thereof and shall call upon the applicant or registrant
    to appear before the Attorney General at a time and place stated in
    the order, but in no event less than thirty days after the date of
    receipt of the order.  Proceedings to deny, revoke, or suspend
    shall be conducted pursuant to this section in accordance with
    subchapter II of chapter 5 of title 5. Such proceedings shall be
    independent of, and not in lieu of, criminal prosecutions or other
    proceedings under this subchapter or any other law of the United
    States.
    (d) Suspension of registration in cases of imminent danger
      The Attorney General may, in his discretion, suspend any
    registration simultaneously with the institution of proceedings
    under this section, in cases where he finds that there is an
    imminent danger to the public health or safety.  A failure to
    comply with a standard referred to in section 823(g) of this title
    may be treated under this subsection as grounds for immediate
    suspension of a registration granted under such section.  A
    suspension under this subsection shall continue in effect until the
    conclusion of such proceedings, including judicial review thereof,
    unless sooner withdrawn by the Attorney General or dissolved by a
    court of competent jurisdiction.
    (e) Suspension and revocation of quotas
      The suspension or revocation of a registration under this section
    shall operate to suspend or revoke any quota applicable under
    section 826 of this title.
    (f) Disposition of controlled substances
      In the event the Attorney General suspends or revokes a
    registration granted under section 823 of this title, all
    controlled substances owned or possessed by the registrant pursuant
    to such registration at the time of suspension or the effective
    date of the revocation order, as the case may be, may, in the
    discretion of the Attorney General, be placed under seal.  No
    disposition may be made of any controlled substances under seal
    until the time for taking an appeal has elapsed or until all
    appeals have been concluded except that a court, upon application
    therefor, may at any time order the sale of perishable controlled
    substances.  Any such order shall require the deposit of the
    proceeds of the sale with the court.  Upon a revocation order
    becoming final, all such controlled substances (or proceeds of sale
    deposited in court) shall be forfeited to the United States; and
    the Attorney General shall dispose of such controlled substances in
    accordance with section 881(e) of this title.  All right, title,
    and interest in such controlled substances shall vest in the United
    States upon a revocation order becoming final.
    (g) Seizure or placement under seal of controlled substances
      The Attorney General may, in his discretion, seize or place under
    seal any controlled substances owned or possessed by a registrant
    whose registration has expired or who has ceased to practice or do
    business in the manner contemplated by his registration.  Such
    controlled substances shall be held for the benefit of the
    registrant, or his successor in interest.  The Attorney General
    shall notify a registrant, or his successor in interest, who has
    any controlled substance seized or placed under seal of the
    procedures to be followed to secure the return of the controlled
    substance and the conditions under which it will be returned.  The
    Attorney General may not dispose of any controlled substance seized
    or placed under seal under this subsection until the expiration of
    one hundred and eighty days from the date such substance was seized
    or placed under seal.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 304, Oct. 27, 1970, 84 Stat. 1255;
    Pub. L. 93-281, Sec. 4, May 14, 1974, 88 Stat. 125; Pub. L. 98-473,
    title II, Sec. 304, 512, 513, Oct. 12, 1984, 98 Stat. 2050, 2073;
    Pub. L. 100-93, Sec. 8(j), Aug. 18, 1987, 101 Stat. 695.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      This subchapter, referred to in subsec. (a)(1), (2), was in the
    original 'this title', meaning title II of Pub. L. 91-513, Oct. 27,
    1970, 84 Stat. 1242, as amended, and is popularly known as the
    'Controlled Substances Act'. For complete classification of title
    II to the Code, see second paragraph of Short Title note set out
    under section 801 of this title and Tables.
      Subchapter II of this chapter, referred to in subsec. (a)(1),
    (2), was in the original 'title III', meaning title III of Pub. L.
    91-513, Oct. 27, 1970, 84 Stat. 1285. Part A of title III comprises
    subchapter II of this chapter.  For classification of Part B,
    consisting of sections 1101 to 1105 of title III, see Tables.
 
-MISC2-
                                 AMENDMENTS
      1987 - Subsec. (a)(5). Pub. L. 100-93 added par. (5).
      1984 - Subsec. (a)(3). Pub. L. 98-473, Sec. 512(1), inserted
    provisions relating to suspension, etc., recommended by competent
    State authority.
      Subsec. (a)(4). Pub. L. 98-473, Sec. 512(2), added par. (4).
      Subsec. (f). Pub. L. 98-473, Sec. 304, inserted provisions
    relating to vesting of right, title, and interest in the United
    States.
      Subsec. (g). Pub. L. 98-473, Sec. 513, added subsec. (g).
      1974 - Subsec. (a). Pub. L. 93-281, Sec. 4(a), provided for
    revocation or suspension of a registration pursuant to section
    823(g) of this title for failure of a registrant to comply with
    standards referred to in such section 823(g).
      Subsec. (d). Pub. L. 93-281, Sec. 4(b), substituted 'A suspension
    under this subsection' for 'Such suspension' in third sentence.
                      EFFECTIVE DATE OF 1987 AMENDMENT
      Amendment by Pub. L. 100-93 effective at end of fourteen-day
    period beginning Aug. 18, 1987, and inapplicable to administrative
    proceedings commenced before end of such period, see section 15(a)
    of Pub. L. 100-93, set out as a note under section 1320a-7 of Title
    42, The Public Health and Welfare.
                          PROVISIONAL REGISTRATION
      Applicability of this section to provisional registrations, see
    section 703 of Pub. L. 91-513, set out as a note under section 822
    of this title.
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