[Federal Register Volume 64, Number 250 (Thursday, December 30, 1999)]
[Notices]
[Pages 73586-73587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33978]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
James Garvey Cavanagh, M.D. Revocation of Registration
On August 5, 1999, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order
[[Page 73587]]
to Show Cause to James Garvey Cavanagh, M.D., of Hawthorne, Nevada,
notifying him of an opportunity to show cause as to why DEA should not
revoke his DEA Certificate of Registration AC9084485 pursuant to 21
U.S.C. 284(a)(3), and deny any pending applications for renewal of such
registration pursuant to 21 U.S.C. 823(f), for reason that he is not
currently authorized to handle controlled substances in the State of
Nevada. The order also notified Dr. Cavanagh that should no request for
a hearing be filed within 30 days, his hearing right would be deemed
waived.
DEA received a signed receipt indicating that the Order to Show
Cause was received on August 21, 1999. No request for a hearing or any
other reply was received by the DEA from Dr. Cavanagh or anyone
purporting to represent him in this matter. Therefore, the Acting
Deputy Administrator, finding that (1) 30 days have passed since the
receipt of the Order to Show Cause, and (2) no request for a hearing
having been received, concludes that Dr. Cavanagh is deemed to have
waived his hearing right. After considering material from the
investigative file in this matter, the Acting Deputy Administrator now
enters his final order without a hearing pursuant to 21 CFR 1301.43(d)
and (e) and 1301.46.
The Acting Deputy Administrator finds that Dr. Cavanagh currently
possesses DEA Certificate of Registration AC9084485 issued to him in
Nevada. The Acting Deputy Administrator further finds that on March 18,
1999, the Board of Medical Examiners of the State of Nevada issued its
Findings of Fact, Conclusions of Law, and Order revoking Dr. Cavanagh's
license to practice medicine in the State of Nevada.
The Acting Deputy Administrator concludes that Dr. Cavanagh is not
currently licensed to practice medicine in Nevada, and therefore, it is
reasonable to infer that he is not currently authorized to handle
controlled substances in that state. The DEA does not have the
statutory authority under the Controlled Substances Act to issue or
maintain a registration if the applicant or registrant is without state
authority to handle controlled substances in the state in which he
conducts his business. See 21 U.S.C. 802(21), 823(f), and 824(a)(3).
This prerequisite has been consistently upheld. See Romeo J. Perez,
M.D., 62 FR 16,193 (1997); Demetris A. Green, M.D., 61 FR 60,728
(1996); Dominick A. Ricci, M.D., 58 FR 51,104 (1993).
Here it is clear that Dr. Cavanagh is not currently authorized to
handle controlled substances in the State of Nevada. As a result, Dr.
Cavanagh is not entitled to a DEA registration in that state.
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 0.104, hereby orders that
DEA Certificate of Registration AC9084485, previously issued to James
Garvey Cavanagh, M.D. be, and it hereby is, revoked. The Acting Deputy
Administrator further orders that any pending applications for the
renewal of such registration, be, and they hereby are, denied. This
order is effective January 31, 2000.
Dated: December 22, 1999.
Julio F. Mercado,
Acting Deputy Administrator.
[FR Doc. 99-33978 Filed 12-29-99; 8:45 am]
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