---
kind: "section"
citation: "21 C.F.R. § 1301.44"
title: "21"
number: "1301.44"
heading: "Burden of proof."
url: "https://uscodex.org/cfr/21/1301.44"
---

# §1301.44. Burden of proof.

- (a) At any hearing on an application to manufacture any controlled substance listed in Schedule I or II, the applicant shall have the burden of proving that the requirements for such registration pursuant to section 303(a) of the Act ([21 U.S.C. 823(a)](/usc/21/823.md?p=a)) are satisfied. Any other person participating in the hearing pursuant to [§ 1301.35(b)](/cfr/21/1301.35.md?p=b) shall have the burden of proving any propositions of fact or law asserted by such person in the hearing.
- (b) At any hearing on the granting or denial of an applicant to be registered to conduct a narcotic treatment program or as a compounder, the applicant shall have the burden of proving that the requirements for each registration pursuant to section 303(g) of the Act ([21 U.S.C. 823(g)](/usc/21/823.md?p=g)) are satisfied.
- (c) At any hearing on the granting or denial of an application to be registered to import or export any controlled substance listed in Schedule I or II, the applicant shall have the burden of proving that the requirements for such registration pursuant to sections 1008(a) and (d) of the Act (21 U.S.C. [958 (a)](/usc/21/958.md?p=a) and [(d)](/usc/21/958.md?p=d)) are satisfied. Any other person participating in the hearing pursuant to [§ 1301.34](/cfr/21/1301.34.md) shall have the burden of proving any propositions of fact or law asserted by him/her in the hearings.
- (d) At any other hearing for the denial of a registration, the Administration shall have the burden of proving that the requirements for such registration pursuant to [section 303](/cfr/21/303.md) or section 1008(c) and (d) of the Act (21 U.S.C. [823](/usc/21/823.md) or [958(c)](/usc/21/958.md?p=c) and [(d)](/usc/21/958.md?p=d)) are not satisfied.
- (e) At any hearing for the revocation or suspension of a registration, the Administration shall have the burden of proving that the requirements for such revocation or suspension pursuant to [section 304(a)](/cfr/21/304.md?p=a) or section 1008(d) of the Act (21 U.S.C. [824(a)](/usc/21/824.md?p=a) or [958(d)](/usc/21/958.md?p=d)) are satisfied.

## Notes

### Amendments

[62 FR 13956, Mar. 24, 1997]

### Authority

Authority: 21 U.S.C. 821, 822, 823, 824, 831, 871(b), 875, 877, 886a, 951, 952, 956, 957, 958, 965.

### Source

Source: 36 FR 7778, Apr. 24, 1971, unless otherwise noted. Redesignated at 38 FR 26609, Sept. 24, 1973.

### Amendments

[62 FR 13956, Mar. 24, 1997]