CHAPTER II—BUREAU OF NARCOTICS

DEPARTMENT OF THE TREASURY

Part

Part 201 Regulations under the Bureau of 202 Regulations under the Narcotic Narcotics Act of June 14, 1930

Drugs Import and Export Act

CROSS REFERENCES

Application and enforcement of the Harrison Narcotic Act: See Panama Canal,

35 CFR Part 16. Bureau of Customs, Department of the Treasury: See Customs Duties, 19 CFR

Chapter I. Documentation of merchandise, Department of State: See Foreign Relations,

22 CFR Part 96. Manufacture of opium for smoking purposes under the Act of January 17, 1914:

See Internal Revenue, 26 CFR Part 150. Regulations under the Harrison Narcotic Law, as amended: See Internal

Revenue, 26 CFR Part 151. Regulations under the Marihuana Tax Act of 1937: See Internal Revenue, 26;

OFR Part 152. Regulations of the Public Health Service, Department of the Treasury, applying

to narcotic addicts. See Public Health, 42 CFR Part 4.

PART 201–REGULATIONS UNDER THE BUREAU OF

NARCOTICS ACT OF JUNE 14, 1930

Sec.

Sec.
SUBPART A-Appeal

201.7 Decision of the Secretary. 201.1 Appeal from decision of Com

SUBPART B-Cooperation with missioner.

States 201.2 Appeal from failure of Commis- 201.8 State or municipal prosecutions.

sioner to rule upon or decide 201.9 Attendance of officers.
matter.

201.10 Hearings before licensing boards 201.3 Extension or restriction of time.

or other State Agencies having 201.4 Suspension of orders.

power to suspend or revoke 201.5 Petition.

licenses. 201.6 Reference to Commissioner; ad- 201.11 General.

ditional evidence; hearings. 201.12 Effective date.

SUBPART A-APPEAL

Section 201.1 Appeal from decision of Commissioner. No appeal from any order, rule, or decision of the Commissioner of Narcotics (hereinafter referred to as the Commissioner) will be considered unless the aggrieved party (a) serves upon the Commissioner, within 10 days from the date of such order, rule, or decision, notice in writing of intention to appeal, and (b) files with the Secretary of the Treasury (hereinafter referred to as the Secretary) within 30

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days from the date of such order, rule, or decision, a written petition as hereinafter provided.**

*88 201.1 to 201.12, inclusive, issued under the authority contained in secs. 5, 8, 46 Stat. 587; 5 U.S.C. 282c, 21 U.S.C. 198.

|In 88 201.1 to .12, inc sive, the numbers to the right of the decimal point correspond with the respective article numbers in Bureau of Narcotics Regulations 4, May 25, 1938, 3 F.R. 1034.

201.2 Appeal from failure of Commissioner to rule upon or decide matter. No appeal from failure of the Commissioner to rule upon or decide any matter presented to him by proper application shall be considered unless the aggrieved party (a) serves upon the Commissioner, not less than 20 days nor more than 30 days from the date of the presentation of such matter, written notice of intention to appeal, and (b) files with the Secretary, within 30 days from the date of such notice, a written petition as hereinafter provided.**

201.3 Extension or restriction of time. The Secretary may in his discretion, for cause shown, extend the foregoing time limits in any case. If the Secretary considers that the public interest requires the prompt execution or operation of any order, rule, or decision of the Commissioner, he may in his discretion further restrict the time limits, upon giving reasonable notice to such parties as he considers to be interested.*+

201.4 Suspension of orders. The Commissioner shall suspend the operation of any order, rule, or decision upon receipt of a timely notice of intention to appeal therefrom, pending the presentation of the appeal to the Secretary and his decision thereon.**

201.5 Petition. The written petition filed with the Secretary shall set forth clearly the complaint and the facts and arguments in support thereof, and may be supported by evidence in the form of affidavits, depositions, and duly authenticated documents and records.*+

201.6 Reference to Commissioner; additional evidence; hearings. The petition shall be referred by the Secretary to the Commissioner and shall be returned by the Commissioner within 10 days from the date of receipt, unless an extension is granted, with an answer in writing and such evidence in the form of affidavits, depositions, records, and documents as the Commissioner considers appropriate. The Secretary may require additional evidence or information from the petitioner or the Commissioner, or may permit any other interested party to intervene and present additional information, evidence, and argument. If he deems it necessary, the Secretary. may appoint a representative to conduct a hearing at a designated time and place to afford interested parties, their representatives, and their witnesses an opportunity to present evidence and argument. Such representative shall report promptly to the Secretary a summary of the evidence and argument thus presented, with his recommendation.**

201.7 Decision of the Secretary. The petition and answer, and all information, evidence, and argument presented will be considered by the Secretary, who will affirm, reverse, or modify the action of the Commissioner, or direct such action to be taken as the Secretary shall deem equitable and just.** Page 2

SUBPART B-COOPERATION WITH STATES

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201.8 State or municipal prosecutions. The Commissioner may furnish to State or municipal prosecuting officers a report or statement of such information, obtained from time to time by the Bureau of Narcotics concerning a violation or suspected violation of narcotic laws, as the Commissioner may deem cognizable by the said prosecuting officers for further investigation or prosecution in their respective jurisdictions.**

201.9 Attendance of officers. The Commissioner may direct the attendance of any officer, agent, or employee of the Bureau of Narcotics who may be in possession of pertinent information, to testify as a witness in any inquiry or proceeding instituted by authority of law by or before a grand jury, municipal magistrate, or State court, where the direct object of such inquiry or proceeding is to determine whether there has been in a particular case, a violation of the State law or municipal ordinance relating to narcotic drugs. The Commissioner may also direct any such officer, agent, or employee to produce for examination at said inquiry or proceeding such record of the Bureau of Narcotics or copy of any part thereof as the Commissioner may deem pertinent to the particular case. The officer, agent, or employee so producing any permanent record of said Bureau for examination shall not relinquish custody or control thereof but, immediately upon conclusion of the inquiry or proceeding, shall promptly return the record to its appropriate official repository.**

201.10 Hearings before licensing boards or other State agencies having power to suspend or revoke licenses. The Commissioner may furnish to State licensing boards or other State agencies authorized by law to revoke or suspend licenses to practice a profession, or engage in a trade, in the course of which narcotic drugs are possessed, controlled, or dispensed; or to any State board, officer, or agency authorized by law to grant, suspend, or revoke any license or permit when, in the exercise of said authority, the narcotic drug addiction of the applicant, licentiate, or permittee, or his conviction of a violation of any law relating to narcotic drugs, may have a material bearing upon the granting, withholding, suspension, or revocation of said license or permit; such information in the possession of the Bureau of Narcotics as the Commissioner may deem appropriate to the enforcement of any State law or regulation or municipal ordinance relating to the granting, withholding, suspension, or revocation of State licenses or permits: Provided, that no information shall be furnished with respect to any case in which an offer in compromise has been accepted under authority of section 3229, Revised Statutes (26 U.S.C. 1661), unless such case involves the reported narcotic drug addiction of a person who is registered or qualified for registration under the Harrison Narcotic Law (38 Stat. 785; 26 U.S.C. 1040–1054, 1383–1391, 1696), or unless the information is requested in a particular case by such State licensing board or State agency or duly qualified representative thereof, for use in the enforcement of any State law or regulation or municipal ordinance relating to the granting, withholding, suspension, or revocation of State

licenses. The Commissioner may also direct the attendance, as a witness, in hearings held by such boards or agencies, of any officer, agent, or employee of the Bureau of Narcotics, and the production of records or copies thereof, subject to the same limitations, so far as applicable, as are hereinbefore provided with respect to an inquiry or proceeding instituted by or before a grand jury, municipal magistrate, or State court.**

201.11 General. Nothing herein contained shall be construed to authorize the Commissioner to furnish information, or to direct the attendance of any officer, agent, or employee to testify, relative to the possession of or traffic in narcotic drugs in any case where the litigants are private parties or where the object of the prospective inquiry, proceeding, or hearing is other than that indicated in 88 201.8-201.10.

The Commissioner shall exercise sound discretion in executing the authority herein granted to the end that no investigation being

conducted at any time under his direct or indirect supervision shall be prejudiced by the premature disclosure of facts developed by the investigation. The Commissioner shall solicit the cooperation of appropriate State and municipal officers in arranging to execute the authority herein granted in any given case, so that there shall be a minimum of interference with or interruption to the investigative duties of any officer or agent of the Bureau of Narcotics or with the duty of such officer or agent to present properly and promptly to Federal prosecuting attorneys, grand juries, and courts such cases as the Commissioner may direct.**