DEA Administrative Hearing Delays – What Registrants Need to Know and How to Prepare
Last week, federal registrants awaiting decisions on show cause orders, license suspensions, or denial appeals received troubling news: Chief Administrative Law Judge (ALJ) John J. Mulrooney, II announced his retirement effective August 1, 2025. With his departure, the DEA’s Office of Administrative Law Judges (OALJ) will have no available ALJs to preside over pending cases. As a result, all hearings have been postponed indefinitely (thefdalawblog.com).
How This Impacts DEA Registrants
Extended Wait Times for Relief
Registrants whose licenses have been temporarily suspended or revoked now face indefinite delays in obtaining a fair hearing or resolution. Show cause orders and appeals of denied registrations will sit unresolved for months, if not longer.
Due Process Concerns
Under 21 U.S.C. § 824(c)(4) and 21 C.F.R. § 1316.41–42, DEA actions to deny, suspend, or revoke registrations must be adjudicated by a qualified ALJ. With no ALJs available, registrants have no forum to challenge enforcement actions, raising serious due process issues.
Increased Backlogs
The OALJ once had three ALJs managing diversion and drug scheduling cases. With Mulrooney’s departure, the caseload will halt entirely until DEA hires or assigns new judges, likely taking months (thefdalawblog.com).
Why Compliance Matters Now More Than Ever
With hearings delayed indefinitely, avoiding enforcement actions in the first place is critical. Facilities that fail to maintain airtight compliance could face orders to show cause or immediate suspension orders (ISOs) and then be unable to challenge them in a timely manner.
To reduce risk:
Ensure DEA records are complete and up to date – biennial inventories, DEA 222/CSOS order forms, dispensing logs, and disposal records must be maintained accurately.
Review policies and procedures – verify they align with federal and state requirements, including security, reporting of theft/loss, and staff training.
Conduct an internal audit – identify gaps in documentation, recordkeeping, or storage compliance before DEA inspectors do.
Train staff – diversion prevention depends on every team member following protocols for ordering, handling, and wasting controlled substances.
Facilities that are already in litigation now face long delays in having their license reinstated. Those that fail an inspection today may also be unable to obtain timely hearings to defend themselves – making prevention essential.
What DEA Registrants Should Do
- Consult counsel to understand how the hearing delays affect your rights and options.
- Conduct self-audits to ensure you’re meeting all DEA, state, and recordkeeping requirements.
- Document everything – accurate records can prevent minor issues from escalating into enforcement actions.
- Develop contingency plans in case of a surprise inspection or enforcement notice.
With the DEA unable to conduct hearings until new ALJs are appointed, registrants are at greater risk of prolonged license suspensions and delayed appeals. The best protection is compliance readiness: maintaining proper documentation, policies, and staff training to avoid enforcement actions in the first place.
Now is the time to tighten procedures, verify records, and consult legal or compliance experts – because once you’re caught in this backlog, relief could be months away.