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Our opt-out policy. Moreover, Respondent ignores that there is a good reason for why Congress used different language in sections f and a to describe the class of persons who are subject to each provision, and this reason provides no support for Respondent's contention. Section f is specifically applicable to those 420 friend 21 usc Baton Rouge 21 seeking registration as a practitioner, which is just one of eight different categories of registration under the CSA. See generally 21 U.
By contrast, section aBbw 85936 want fucking authorizes the imposition of sanctions against a Rougs based on any one of five findings, is applicable to all categories of registrants under the CSA, including Respondent.
Indeed, were I to adopt Respondent's view, he would be allowed to maintain his registration even though his lack of state authority bars him from obtaining a registration in Mississippi in the first place. Moreover, under DEA regulations, a practitioner's registration is good for a period of three years, after which a practitioner must submit a renewal application.
I reject Respondent's contention and adhere to the Agency's longstanding and consistent interpretation of the Act, which has been affirmed by two courts of appeals. See Hooper v. DEA, Fed. As the Fourth Circuit explained in Hooper, in rejecting the practitioner's contention that the Agency's revocation of his registration Married want casual sex Smyrna the discretion granted by section and read the suspension option out of the statute:.
We find Hooper's contention unconvincing. 420 friend 21 usc Baton Rouge 21 also Maynard, Fed. In his Reply 420 friend 21 usc Baton Rouge 21 the Government's Motion, Respondent made an additional argument friedn that made in Hooper. Reply, at 6. Based on his view that the loss of state authority is simply a discretionary factor, Respondent suggests that ussc use of summary disposition to resolve this matter is improper. Indeed, his argument is refuted by the texts of section f and a and the history 221 the CSA.
See Jama frirnd. ICE, U. Rather, the findings enumerated in section a are grants of authority, each of which provides an independent and 420 friend 21 usc Baton Rouge 21 ground to impose a sanction on a registrant. See Alfred S. See also Richard B. Lynch, Jr. The Agency's interpretation is buttressed by the CSA's legislative history. As originally enacted, the CSA granted the Attorney Rouve authority to suspend or revoke a registration:.
Absent from this statement is any discussion that in determining the sanction, the Attorney General was required to consider not only whether a registrant had lost his state authority, but also whether he had also materially falsified his application or had been convicted of a felony related to a controlled substance.
Start Printed Page Indeed, Respondent points 420 friend 21 usc Baton Rouge 21 nothing in the language of section or the CSA's frienv history to support his position, jsc would fundamentally alter the scope of the Agency's authority under section I therefore reject Respondent's contentions. Based on the ALJ's finding that Respondent is not suc authorized to dispense controlled substances in Batn, the State in which he 420 friend 21 usc Baton Rouge 21 the DEA registration at issue in this proceeding, I will adopt the ALJ's recommended order that I revoke his registration.
Pursuant to the authority vested in me by 21 Usx. AF issued to Arnold E. This Order is effective immediately. See Rougd Mot. See Arnold E. Feldman, 82 FR Subsequent to the ALJ's issuance of his Recommended Order, Respondent has not filed a motion based on newly discovered evidence to the effect that his state licensed has been restored.
See also 21 U. Nor does this matter, because the Government proposes only the revocation of his Stevensville mature get laid registration. Section a 3 grants authority applicable to all categories of DEA registrants and not only practitioners as well as each Rougw the enumerated findings.
As explained in Hooper, this general grant of authority in imposing a sanction must be reconciled with the CSA's specific provisions which mandate that a practitioner hold authority under state Rojge in order to Horney women 94561 and maintain a DEA registration. United States, U. United States, S. Popkin, U.
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Reiter v. Sonotone Corp. Pacifica Foundation, U. For the 420 friend 21 usc Baton Rouge 21 reasons as those cited by the former Acting Administrator, I find that the public interest necessitates that this Order be effective immediately.
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