[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR76.36]

[Page 329-330]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 76--RULES OF PROCEDURE FOR ASSESSMENT OF CIVIL PENALTIES FOR POSSESSION OF CERTAIN CONTROLLED SUBSTANCES--Table of Contents
 
Sec. 76.36  Administrative and judicial review.

    (a) Upon entry of an order by a Judge, any party may file with the 
Attorney General, within ten (10) days of the date of the Judge's 
decision and order, a written request for review of the decision and 
order together with supporting arguments. Within thirty (30) days from 
the date of the filing of the request for review, the Attorney General 
may enter an order which adopts, affirms, modifies or vacates the 
Judge's order.
    (b) If a party does not seek review of the Judge's decision, or if 
the Attorney General enters no order within thirty (30) days from the 
date of the filing of the request for review, the order of the Judge 
becomes the final order of the Attorney General. If the Attorney General 
modifies or vacates the order, the order of the Attorney General becomes 
the final order.
    (c) An individual subject to an order assessing a penalty after a 
hearing may, before the expiration of the thirty (30) day period 
beginning on the date the final order is entered, either by the Judge or 
the Attorney General, whichever is applicable, bring a civil action in 
the appropriate District Court of the

[[Page 330]]

United States pursuant to the provisions of 21 U.S.C. 844a(g) and obtain 
de novo judicial review of the final order.