State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-103

§ 90‑103. Revocation or suspension of registration.

(a)        A registration under G.S. 90‑102 to manufacture,distribute, or dispense a controlled substance, may be suspended or revoked bythe Commission upon a finding that the registrant:

(1)        Has furnished false or fraudulent material information inany application filed under this Article;

(2)        Has been convicted of a felony under any State or federallaw relating to any controlled substance; or

(3)        Has had his federal registration suspended or revoked tomanufacture, distribute, or dispense controlled substances.

(b)        The Commission may limit revocation or suspension of aregistration to the particular controlled substance with respect to whichgrounds for revocation or suspension exist.

(c)        Before denying, suspending, or revoking a registration orrefusing a renewal of registration, the Commission shall serve upon theapplicant or registrant an order to show cause why registration should not bedenied, revoked, or suspended, or why the renewal should not be refused.  Theorder to show cause shall contain a statement of the basis therefor and shallcall upon the applicant or registrant to appear before the Commission at a timeand place not less than 30 days after the date of service of the order, but inthe case of a denial or renewal of registration, the show cause order shall beserved not later than 30 days before the expiration of the registration.  Theseproceedings shall be conducted in accordance with rules and regulations of theCommission required by Chapter 150B of the General Statutes, and subject tojudicial review as provided in Chapter 150B of the General Statutes.  Suchproceedings shall be independent of, and not in lieu of, criminal prosecutionsor other proceedings under this Article or any law of the State.

(d)        The Commission may suspend, without an order to show cause,any registration simultaneously with the institutions of proceedings under thissection, or where renewal of registration is refused if it finds that there isan imminent danger to the public health or safety which warrants this action. The suspension shall continue in effect until the conclusion of theproceedings, including judicial review thereof, unless sooner withdrawn by theCommission or dissolved by a court of competent jurisdiction.

(e)        In the event the Commission suspends or revokes aregistration granted under G.S. 90‑102, all controlled substances ownedor possessed by the registrant pursuant to such registration at the time ofsuspension or the effective date of the revocation order, as the case may be,may in the discretion of the Commission be placed under seal.  No dispositionmay be made of substances under seal until the time for taking an appeal haselapsed or until all appeals have been concluded unless a court, uponapplication therefor, orders the sale of perishable substances and the depositof the proceeds of the sale with the court.  Upon a revocation order becomingfinal, all such controlled substances may be ordered forfeited to the State.

(f)         The Bureau shall promptly be notified of all orderssuspending or revoking registration. (1971, c. 919, s. 1; 1973, c. 1331, s. 3; 1977, c. 667, s. 3; 1981, c.51, s. 9; 1987, c. 827, s. 1.)