[Federal Register Volume 63, Number 39 (Friday, February 27, 1998)]
[Notices]
[Pages 10041-10042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4975]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 98-2]
Teodoro A. Ando, M.D.; Revocation of Registration
On May 23, 1997, the Acting Deputy Assistant Administrator, Office
of Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Teodoro A. Ando, M.D., (Respondent) of
Montoursville, Pennsylvania. The Order to Show Cause notified him of an
opportunity to show cause as to why DEA should not revoke his DEA
Certificate of Registration, AA8218249, and deny any pending
applications for renewal of his registration pursuant to 21 U.S.C.
823(f) and 824(a)(3), for reason that he is not currently authorized to
handle controlled substances in the Commonwealth of Pennsylvania.
Subsequently, Respondent filed a request for a hearing. While this
request was not timely filed, the Government indicated that it did not
object to the untimeliness of Respondent's request for a hearing, and
the matter was docketed before Administrative Law Judge Mary Ellen
Bittner. On October 23, 1997, Judge Bittner issued an Order for
Prehearing Statements. On November 13, 1997, the Government filed a
Motion for Summary Disposition and Request for Extension of Time to
File Prehearing Statement, alleging that Respondent is without state
authority to handle controlled substances in the Commonwealth of
Pennsylvania. By order dated November 20, 1997, Judge Bittner provided
Respondent with an opportunity to file a response to the Government's
motion. No response was received from Respondent.
On December 19, 1997, Judge Bittner issued her Opinion and
Recommended Decision finding that Respondent lacked authorization to
handle controlled substances in the Commonwealth of Pennsylvania;
granting the Government's Motion for Summary Disposition; and
recommending that Respondent's DEA Certificate of Registration be
revoked. Neither party filed exceptions to her opinion, and on January
22, 1998, Judge Bittner transmitted the record of these proceedings to
the Acting 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 Decision of the Administrative Law Judge.
The Acting Deputy Administrator finds that by affidavit dated
October 27, 1997, the custodian of records for the Commonwealth of
Pennsylvania, Department of State, Bureau of Professional and
Occupational Affairs, State Board of Medicine stated that Respondent's
license was revoked on March 11, 1996, and remained revoked as of the
date of the affidavit. Respondent did not offer any evidence to the
contrary, and therefore the Acting Deputy Administrator finds that
Respondent is not currently authorized to practice medicine in the
Commonwealth of Pennsylvania. The Acting Deputy Administrator further
finds it reasonable to infer that Respondent is also not authorized to
handle controlled substances in the Commonwealth of Pennsylvania, where
he is currently registered with DEA to handle controlled substances.
The DEA does not have 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. 21
[[Page 10042]]
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 16193 (1997);
Demetris A. Green, M.D., 61 FR 60728 (1996); Dominick A. Ricci, M.D.,
58 FR 51104 (1993).
Here it is clear that Respondent is not authorized to practice
medicine or handle controlled substances in the Commonwealth of
Pennsylvania. Since Respondent lacks this state authority, he is not
entitled to a DEA registration in that state.
In light of the above, Judge Bittner properly granted the
Government's Motion for Summary Disposition. Here, the parties did not
dispute the fact that Respondent is unauthorized to handle controlled
substances in Pennsylvania. Therefore, it is well-settled that when no
question of material fact is involved, a plenary, adversary
administrative proceeding involving evidence and cross-examination of
witnesses is not obligatory. See Phillip E. Kirk, M.D., 48 FR 32887
(1983); aff'd sub nom Kirk v. Mullen, 749 F.2d 297 (6th Cir. 1984);
NLRB v. International Association of Bridge, Structural and Ornamental
Ironworkers, AFL-CIO, 549 F.2d 634 (9th Cir. 1977); United States v.
Consolidated Mines & Smelting Co., 44 F.2d 432 (9th Cir. 1971).
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 AA8218249, previously issued to Teodoro
A. Ando, M.D., be, and it hereby is, revoked. The Acting Deputy
Administrator further orders that any pending applications for renewal
of such registration be, and they hereby are, denied. This order is
effective March 30, 1998.
Dated: February 20, 1998.
Peter F. Gruden,
Acting Deputy Administrator.
[FR Doc. 98-4975 Filed 2-26-98; 8:45 am]
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