Order to show cause in administrative hearing

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  • (a) Before denying, suspending or revoking a registration or refusing a renewal of registration, the Director shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked or suspended or why the renewal should not be refused.

    • (1) The order to show cause must contain a statement of the basis therefore and must call upon the applicant or registrant to appear before the appropriate person or agency at a time and place within 30 days after the date of service of the order, but in the case of a denial or renewal of registration the show cause order must be served within thirty (30) days before the expiration of the registration.

    • (2)

      • (A) These proceedings must be conducted in accordance with any Administrative Procedures Act adopted by the territory or similar statute, or regulations of the Bureau promulgated pursuant to section 1220 of this chapter, which in whole or in part must either be applicable to or serve as the basis of the procedural provisions governing the Virgin Islands Bureau of Narcotics and Dangerous Drug Control Act. The procedural provisions must provide for investigation of charges by the Bureau; notice of charges to the accused; an opportunity for a fair and impartial hearing for the accused before the Bureau; an opportunity for representation of the accused by counsel; the presentation of testimony, evidence and argument; subpoena power and attendance of witnesses; a record of proceedings; and judicial review by the courts in accordance with the standards established by the jurisdiction for such review. The Bureau shall have subpoena authority to conduct comprehensive reviews of the accused person's or entity's office records and administrative authority, upon demonstrating a substantial need, to access otherwise protected or confidential records.

      • (B) The Bureau may use preponderance of the evidence as the standard of proof in its role as trier of fact.

    • (3) Proceedings to refuse renewal of registration shall not abate the existing registration which shall remain in effect pending the outcome of the administrative hearing.

  • (b) The Director shall suspend, without an order to show cause, any registration simultaneously with the institution of proceedings under section 1229 of this chapter, if the Director finds there is imminent danger to the public health or safety which warrants this action. The suspension must continue in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the Director or dissolved by a court of competent jurisdiction.


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