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Regulations &
Codified CSA > CFR > Section 1314
> Subpart D - Order to Show Cause
Section 1314 - Retail Sale of Scheduled Listed Chemical Products - Subpart
D - Order to Show Cause
Subpart D--Order to Show Cause
Sec. 1314.150 Order To show cause.
(a) If, upon information gathered by the Administration regarding any
regulated seller or a distributor required to submit reports under Sec.
1310.03(c) of this chapter, the Administrator determines that a regulated
seller or distributor required to submit reports under Sec. 1310.03(c) of this
chapter has sold a scheduled listed chemical product in violation of Section
402 of the Act (21 U.S.C. 842(a)(12) or (13)), the Administrator will serve
upon the regulated seller or distributor an order to show cause why the
regulated seller or distributor should not be prohibited from selling
scheduled listed chemical products.
(b) The order to show cause shall call
upon the regulated seller or distributor to appear before the Administrator at
a time and place stated in the order, which shall not be less than 30 days
after the date of receipt of the order. The order to show cause shall also
contain a statement of the legal basis for such hearing and for the
prohibition and a summary of the matters of fact and law asserted.
(c) Upon
receipt of an order to show cause, the regulated seller or distributor must,
if he desires a hearing, file a request for a hearing as specified in subpart
D of part 1316 of this chapter. If a hearing is requested, the Administrator
shall hold a hearing at the time and place stated in the order, as provided in
part 1316 of this chapter.
(d) When authorized by the Administrator, any agent
of the Administration may serve the order to show cause.
Sec. 1314.155 Suspension pending final order.
(a) The Administrator may suspend the right to sell scheduled listed
chemical products simultaneously with, or at any time subsequent to, the
service upon the seller or distributor required to file reports under Sec.
1310.03(c) of this chapter of an order to show cause why the regulated seller
or distributor should not be prohibited from selling scheduled listed chemical
products, in any case where he finds that there is an imminent danger to the
public health or safety. If the Administrator so suspends, he shall serve with
the order to show cause under Sec. 1314.150 an order of immediate suspension
that shall contain a statement of his findings regarding the danger to public
health or safety.
(b) Upon service of the order of immediate suspension, the
regulated seller or distributor shall, as instructed by the Administrator:
- Deliver to the nearest office of the Administration or to authorized agents of
the Administration all of the scheduled listed chemical products in his or her
possession; or
- Place all of the scheduled listed chemical products under
seal as described in Section 304 of the Act (21
U.S.C. 824(f)).
(c) Any
suspension shall continue in effect until the conclusion of all proceedings
upon the prohibition, including any judicial review, unless sooner withdrawn
by the Administrator or dissolved by a court of competent jurisdiction. Any
regulated seller or distributor whose right to sell scheduled listed chemical
products is suspended under this section may request a hearing on the
suspension at a time earlier than specified in the order to show cause under
Sec. 1314.150, which request shall be granted by the Administrator, who shall
fix a date for such hearing as early as reasonably possible.
NOTICE: This is an
unofficial version. An official version of this publication may be obtained
directly from the Government Printing Office (GPO).
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