This is a formal hearing in which an ALJ determines whether the respondent is liable for a civil penalty for possession of controlled substances under the Anti-Drug Abuse Act, and, if so, the appropriate amount of any such civil penalty, considering the income and net assets of the respondent. 28 CFR 76.3. The U.S. Attorney's office having jurisdiction over the matter first determines that an individual has violated 21 USC 844a, then commences this proceeding by issuing a Notice of Intent to Assess Civil Penalty, at which time the respondent may request a hearing on the record. 28 CFR 76.4.
An ALJ presides over the hearing and makes the final decision at the hearing level and either dismisses the complaint or issues an order indicating the amount the respondent is to pay. Either party may file a request for administrative review with the Attorney General within 10 days of the ALJ's decision. The Attorney General may enter an order which adopts, affirms, modifies or vacates the judge's order. If the Attorney General enters no such order within 30 days, or if neither party files a request for review, then the ALJ's decision becomes the final order. A respondent subject to an order assessing a penalty may file for judicial review by bringing a civil action in the appropriate U.S. District Court pursuant to 21 USC 844a(g). 28 CFR 76.36.
|Level||Name of Office||Sub-Agency/Bureau/Division:||Are administrative appeals permitted from final decisions at this stage?|
Drug Enforcement Agency
Yes (All Types of Cases)
Appeal Level 1