10A NCAC 26E .0121      SUSPENSION OF REGISTRATION PENDING FINAL ORDER

(a)  The Commission may suspend any registration simultaneously with or at any time subsequent to the service upon the registrant of an order to show cause why such registration should not be revoked or suspended in any case where it finds that there is an imminent danger to the public health or safety.  If the Commission so suspends, it shall serve with the order to show cause pursuant to Rule .0121 of this Section an order of immediate suspension which shall contain a statement of its findings regarding the danger to public health or safety.

(b)  Upon service of the order of immediate suspension, the registrant shall promptly return his certificate of registration and any order forms in his possession to the Raleigh office of Director.  Upon service of the order of the Director immediately suspending registration, the registrant shall, as instructed by the Commission:

(1)           deliver all affected controlled substances in his possession to the Raleigh office of the Director, or

(2)           place all such substances under seal as described in G.S. 90‑103(3).

(c)  Any suspension shall continue in effect until the conclusion of all proceedings upon the revocation or suspension including any judicial review thereof, unless sooner withdrawn by the Commission or dissolved by a court of competent jurisdiction.  Any registrant whose registration is suspended under this Section may request a hearing on the revocation or suspension of his registration at a time earlier than specified in the order to show cause pursuant to Rule .0121 of this Section, which request shall be granted by the director who shall fix a date for such hearing as early as reasonably possible.

History Note:        Authority G.S. 90‑100; 90‑103; 143B‑147(a)(5); 150B‑3(c);

Eff. June 30, 1978;

Amended Eff. May 1, 1990; May 15, 1979; September 30, 1978;

Recodified from 10A NCAC 26E .0119 Eff. February 1, 2005;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.