21 Code For Federal Regulation Parts 1305, 1311 Page 10
ADVERTISEMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67Power of Attorney. A number of commenters raised issues related to the power of
attorney (POA) provisions. Several suggested that the existing requirement that the POA letter
be signed by the person who signed the most recent registration application is impractical for
companies that have national or regional distribution operations. Other commenters suggested
that the application for a digital certificate, handled through the CSOS coordinator, could replace
the POA letter and process.
The intent of this rulemaking is to establish an electronic means of satisfying the order
form requirements – not to change the existing order form requirements. DEA did not propose
to change the POA requirement or process, which was established to ensure that all activities by
a registrant with respect to order forms be under the ultimate control of one responsible
individual within the registrant. Any concerns regarding existing requirements with respect to
POA will have to be considered in a separate action; they are beyond the scope of this CSOS
rulemaking.
With respect to the suggestion that application for a digital certificate serve as a substitute
for granting power of attorney, DEA wishes to note that the granting of power of attorney is an
explicit legal act of assignment of authority from an authorized individual to another; accepting
the application for a digital certificate as a substitution would make the assignment implicit,
which would not be acceptable to DEA. Any assignment of the authority to obtain and execute
order forms on behalf of a registrant must be an explicit legal act.
One commenter noted that the language in § 1305.12(d) that states that orders must be
signed by a person authorized to sign an application for registration was wrong and should state
that orders must be signed either by a person who is authorized to sign a registration application
or a person granted POA to sign orders. DEA agrees and has changed the rule.
10
ADVERTISEMENT
0 votes
Related Articles
Related forms
Core Ct Coding For Leave Of Absence Under The Federal Family And Medical Leave Act (fmla) - State Of Connecticut Human Resources
Business
Standard Form 8 - Unemployment Compensation For Federal Employees (ucfe) Program Notice To Federal Employee About Unemployment Insurance
Legal
Form St-r-21 - Application For Sale/use Tax Exemption Certificate For An Incorporated Hospital
Legal
Form As 2645.1 - Application For Tax Exemption Under Section 1101.01 Of The Internal Revenue Code For A New Puerto Rico
Financial
Related Categories
Parent category: Legal