[Federal Register Volume 61, Number 238 (Tuesday, December 10, 1996)]
[Notices]
[Page 65075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31251]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 96-20]
Jonathan Agbebiyi, M.D.; Revocation of Registration
On September 5, 1995, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA) issued an
Order to Show Cause to Jonathan A. Agbebiyi, M.D. (Respondent) of
Phoenix, Arizona, notifying him of an opportunity to show cause as to
why DEA should not revoke his DEA Certificate of Registration,
AA2034306, under 21 U.S.C. 824(a)(3), and deny any pending applications
for renewal of such registration as a practitioner under 21 U.S.C.
823(f). Specifically, the Order to Show Cause alleged that on or about
January 26, 1994, the Arizona Board of Medical Examiners revoked the
Respondent's state medical license, and consequently, the Respondent
was no longer authorized to handle controlled substances in the State
of Arizona.
By letter dated February 24, 1996, the Respondent filed a timely
request for a hearing, and the matter was docketed before
administrative Law Judge Mary Ellen Bittner. On March 5, 1996, Judge
Bittner issued an Order for Prehearing Statements. On March 14, 1996,
in lieu of filing such a statement, the Government filed a motion for
summary disposition, which was accompanied by a copy of the Board of
Medical Examiners of the State of Arizona's (Board) Findings of Fact,
Conclusions of Law and Order of Revocation dated January 26, 1994. Also
attached to the Government's motion was a copy of a letter from a
medical investigator for the Board to DEA dated August 31, 1995,
stating that Respondent's license to practice medicine in Arizona
remained revoked. In addition, Government counsel represented in its
motion that on March 14, 1996, he had telephonically contacted the
Board and confirmed that Respondent's license to practice medicine in
Arizona had not been restored.
On March 14, 1996, Judge Bittner issued an order providing
Respondent up to and including April 5, 1996, to file a response to the
Government's motion. However, the Respondent did not file a response,
and on April 30, 1996, Judge Bittner issued her Opinion and Recommended
Decision. Judge Bittner found that Respondent lacked authorization to
handle controlled substances in the State of Arizona; granted the
Government's motion for summary disposition; and recommended that
Respondent's DEA Certificate of Registration be revoked. Neither party
filed exceptions to her decision, and on May 30, 1996, Judge Bittner
transmitted the record of these proceedings to the Deputy
Administrator.
The Acting Deputy Administrator has considered the record in its
entirety, and pursuant to 21 CFR 1316.67, hereby issues his final order
based upon findings of fact and conclusions of law as hereinafter set
forth. The Acting Deputy Administrator adopts, in full, the Opinion and
Recommended Ruling of the Administrative Law Judge.
The Acting Deputy Administrator finds that on January 26, 1994, the
Board of Medical Examiners for the State of Arizona revoked
Respondent's license to practice medicine in the State of Arizona.
Therefore, Respondent is not currently authorized to handle controlled
substances in the State of Arizona. The Drug Enforcement Administration
lacks statutory authority to issue or maintain the registration of a
practitioner who is not duly authorized to handle controlled substances
in the state in which he conducts has practice. 21 U.S.C. 802(21),
823(f) and 824(a)(3). This prerequisite has been consistently upheld.
See Therial L. Bynum, M.D., 61 FR 3948 (1996); Charles L. Novosad, Jr.,
M.D., 60 FR 47182 (1995); Dominick A. Ricci, M.D., 58 FR 51104 (1993).
Judge Bittner also properly granted the Government's motion for
summary disposition. Respondent did not file a response to the
Government' motion. Respondent presented no evidence to contradict the
fact that his license to practice medicine in the State of Arizona has
been revoked, and therefore he is unable lawfully to handle controlled
substances in that state. It is well-settled that when no question of
fact is involved, a plenary, adversary administrative proceeding
involving evidence and cross-examination of witnesses is not
obligatory. See Philip E. Kirk, M.D., 48 FR 32887 (1983), aff'd sub nom
Kirk v. Mullen, 749 F.2d 297 (6th Cir. 1984; see also NLRB v.
International Association of Bridge, Structural and Ornamental
Ironworkers, AFL-CIO, 549 F.2d 634 (9th Cir. 1977).
Therefore, having considered the facts and circumstances in this
matter, the Acting Deputy Administrator concludes that Respondent's DEA
Certificate of Registration should be revoked due to his lack of
authorization to handle controlled substances in the State of Arizona.
Accordingly, the Acting Deputy Administrator of the Drug
Enforcement Administration, pursuant to the authority vested in him by
21 U.S.C. 823 and 824 and 28 CFR 0.100(b) and 0.014, hereby orders that
DEA Certificate of Registration, AA2034306, previously issued to
Jonathan Agbebiyi, M.D., be, and it hereby is, revoked, and that any
pending applications for renewal of such registration be, and they
hereby are, denied. This order is effective January 9, 1997.
Dated: December 3, 1996.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 96-31251 Filed 12-9-96; 8:45 am]
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