[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR8.33]



[Page 74-75]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 8_CERTIFICATION OF OPIOID TREATMENT PROGRAMS--Table of Contents

 

Subpart C_Procedures for Review of Suspension or Proposed Revocation of 

    OTP Certification, and of Adverse Action Regarding Withdrawal of 

                    Approval of an Accreditation Body

 

Sec.  8.33  Written decision.



    (a) Issuance of decision. The reviewing official shall issue a 

written decision upholding or denying the suspension, proposed 

revocation, or adverse action. The decision will set forth the reasons 

for the decision and describe the basis



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for that decision in the record. Furthermore, the reviewing official may 

remand the matter to the respondent for such further action as the 

reviewing official deems appropriate.

    (b) Date of decision. The reviewing official will attempt to issue 

the decision within 15 days of the date of the oral presentation, the 

date on which the transcript is received, or the date of the last 

submission by either party, whichever is later. If there is no oral 

presentation, the decision will normally be issued within 15 days of the 

date of receipt of the last reply brief. Once issued, the reviewing 

official will immediately communicate the decision to each party.

    (c) Public notice and communications to the Drug Enforcement 

Administration (DEA). (1) If the suspension and proposed revocation of 

OTP certification are upheld, the revocation of certification will 

become effective immediately and the public will be notified by 

publication of a notice in the Federal Register. SAMHSA will notify DEA 

within 5 days that the OTP's registration should be revoked.

    (2) If the suspension and proposed revocation of OTP certification 

are denied, the revocation will not take effect and the suspension will 

be lifted immediately. Public notice will be given by publication in the 

Federal Register. SAMHSA will notify DEA within 5 days that the OTP's 

registration should be restored, if applicable.