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VOLUME 3

1934

NUMBER 106

Washington, Wednesday, June 1, 1938
TREASURY DEPARTMENT.
Bureau o f Narcotics.
L aw and R egulations R elating to the A ppeal to the S ecretary of the T reasury P rom A n y O rder, R ule or D ecision of the C ommissioner of N arcotics; and the Cooperation W ith the S everal S tates i n the I nstitution and P rosecution of C ases i n the C ourts of the U nited S tates and B efore the L icensing B oards and C ourts of the S everal S tates the l aw
In the original document as filed with the Division o f the Federal Register, The National Archives, here follows the text of the A ct o f June 14, 1930, as amended by the A ct of June 26, 1930.3
REGULATIONS

Chapter I. Appeal Sec. 5. Any person, corporation, association, or partner ship aggrieved by any order, rule, or decision of the Com missioner of Narcotics, or by his failure to rule upon or de cide any m atter presented to him by proper application, may appeal therefrom to the Secretary of the Treasury, under such regulations as he may prescribe, who may affirm, re verse, or m odify such action or direct such action to be taken as he may deem equitable and just.
A rticle 1. Appeal from decision of Commissioner. No ap peal from any order, rule, or decision of the Commissioner of Narcotics hereinafter referred to as the Commissioner w ill be considered unless the aggrieved party 1 serves upon the Commissioner, within 10 days from the date of such order, rule, or decision, notice in w riting o f intention to appeal, and 2 files with the Secretary o f the Treasury hereinafter referred to as the Secretary within 30 days from the date of such order, rule, or decision, a written petition as hereinafter provided.
A rt. 2. Appeal from failure o f Commissioner to rule upon or decide m atter. No appeal from failure o f the Commis sioner to rule upon or decide any m atter presented to him by proper application shall be considered unless the ag grieved party 1 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 2 files with the Secretary, within 30 days from the date o f such notice, a w ritten petition as hereinafter provided.
A rt. 3. Extension or restriction of tim e.The Secretary may in his discretion, fo r cause shown, extend the foregoing time limits in any case. I f 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 tim e limits, upon giving reasonable notice to such parties as he considers to be interested.

A rt. 4. Suspension o f orders.The Commissioner shall suspend the operation o f any order, rule, or decision upon receipt o f a tim ely notice o f intention to appeal therefrom , pending the presentation o f the appeal to the Secretary mad his decision thereon.
A rt . 5. P etition . The w ritten petition filed with the Sec retary shall set forth clearly the complaint and the facts and arguments in support thereof, and may be supported by evidence in the form o f affidavits, depositions, and duly authenticated documents and records.
A rt. 6. Reference to Commissioner Additional evidence Hearings. The petition shall be referred by the Secretary to the Commissioner and shall be returned by the Commis sioner within 10 days from the date o f receipt, unless an ex tension is granted, with an answer in w riting and such evi dence in the form af affidavits, depositions, records, and doc uments as the Commissioner considers appropriate. The Secretary may require additional evidence or inform ation from the petitioner or the Commissioner, or may permit any other interested party to intervene and present additional information, evidence, and argument. I f he deems it neces sary, the Secretary may appoint a representative to conduct a hearing at a designated tim e and place to afford interested parties, their representatives, and their witnesses an oppor tunity to present evidence and argument. Such representa tive shall report promptly to the Secretary a summary of the evidence and argument thus presented, with his recom mendation.
A rt. 7. Decision o f the Secretary. The petition and an swer, and all inform ation, evidence, and argument presented w ill be considered by the Secretary, who w ill affirm, reverse, or m odify the action of the Commissioner, or direct such action to be taken as the Secretary shall deem equitable and just.

Chapter II. Cooperation W ith States S e c . 8. That the Secretary o f the Treasury shall cooperate w ith the several States in the suppression o f the abuse o f narcotic drugs in than: respective jurisdictions, and to that end he is authorized 1 to cooperate in the drafting of such legislation as may be needed, if any, to effect the a id named, and 2 to arrange fo r the exchange o f inform ation concern ing the use and abuse o f narcotic drugs in said States and fo r cooperation in the institution and prosecution of cases in the courts o f the United States and before the licensing boards and courts o f the several States. The Secretary o f the Treasury is hereby authorized to make such regulations as may be necessary to carry this section into effect.
A rt. 8. State o r m unicipal prosecutions. The Commis sioner may furnish to State or municipal prosecuting officers a report or statement o f such inform ation, obtained from tim e to tim e by the Bureau of Narcotics concerning a viola tion or suspected violation of narcotic laws, as the Com missioner may deem cognizable by the said prosecuting offi-

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