Suspension or Revocation of Registration

(a)DPHSS may suspend or revoke a registration under § 67.303 to manufacture, distribute or dispense a controlled substance upon finding that the registrant has:

(1)furnished false or fraudulent material information in an application filed under this Act;

(2)been convicted of a felony under state or Federal law relating to a controlled substance;

(3)had the registrant’s Federal registration suspended or revoked and is no longer authorized by Federal law to manufacture, distribute or dispense controlled substances; or

(4)committed an act that would render registration under § 67.303 inconsistent with the public interest as determined under that Section.

(b)DPHSS may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.

(c)If a registration is suspended or revoked, DPHSS may place under seal all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. When a revocation order becomes final, the court may order the controlled substances forfeited to DPHSS.

(d)DPHSS may seize or place under seal any controlled substance owned or possessed by a registrant whose registration has expired or who has ceased to practice or do business in the manner permitted by the registration. The controlled substance must be held for the benefit of the registrant or the registrant’s successor in interest. DPHSS shall notify a registrant, or the registrant’s successor in interest, whose controlled substance is 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. DPHSS may not dispose of a controlled substance seized or placed under seal under this Subsection until the expiration of one hundred eighty

(180)days after the controlled substance was seized or placed under seal. Costs incurred by seizing, placing under seal, maintaining custody and disposing of any controlled substance under this Subsection may be recovered from the registrant, any proceeds obtained from the disposition of the controlled CH. 67 GUAM UNIFORM CONTROLLED SUBSTANCES ACT substance, or from both. All monies collected from this Section shall be deposited in the Controlled Substances Diversion Fund, as provided in § 67.301.