[Federal Register Volume 60, Number 68 (Monday, April 10, 1995)]
[Notices]
[Pages 18143-18144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8651]
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DEPARTMENT OF JUSTICE
[Docket No. 94-76]
Rosalind A. Cropper, Inc.; Denial of Application
On August 31, 1994, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order [[Page 18144]] to Show Cause to Rosalind A. Cropper, M.D. and
Rosalind A. Cropper, Inc., of New Orleans, Louisiana, proposing to
revoke her DEA Certificate of Registration, BC0747381, as a
practitioner, deny any pending application for registration as a
practitioner and deny the application of Rosalind A. Cropper, Inc.
(Respondent) for DEA registration as a Narcotic Treatment Program
(NTP). The statutory basis for the Order to Show Cause was that Dr.
Cropper's continued registration as a practitioner and Respondent's
registration as an NTP would be inconsistent with the public interest
as that term is used in 21 U.S.C. 823(f).
Respondent, through counsel, requested a hearing on the issues
raised in the Order to Show Cause, and the matter was docketed before
Administrative Law Judge Mary Ellen Bittner. On December 16, 1994, the
Government filed a motion for summary disposition alleging that the
State of Louisiana had denied Respondent's application to operate an
NTP within that State, and, that Respondent lacked authority from the
Food and Drug Administration (FDA) to operate an NTP. The Government's
motion was supported by a letter from an FDA official informing
Respondent that because the State of Louisiana had denied its
application to establish an NTP, the FDA was unable to approve its
application. Respondents did not file a response to the Government's
motion and did not deny that FDA and the State of Louisiana has denied
its applications.
On January 18, 1995, Judge Bittner issued her Opinion and
Recommended Decision of the Administrative Law Judge and Order Severing
Proceedings recommending that Respondent's application for DEA
Certificate of Registration as an NTP be denied. Judge Bittner also
ordered that the proceeding involving the proposed revocation of
Respondent's registration as a practitioner be severed from Docket 94-
76, be redocketed, and that the parties continue with prehearing
procedures regarding that matter. No exceptions to Judge Bittner's
opinion were filed by either party.
On February 21, 1995, the administrative law judge transmitted the
record to the Deputy Administrator. After a careful consideration of
the record in its entirety, the Deputy Administrator enters his final
order in this matter, pursuant to 21 CFR 1316.67, based on findings of
fact and conclusions of law as set forth herein.
By letter dated December 16, 1994, Respondent was advised that the
FDA was unable to approve her application to the FDA to operate an NTP
because the State of Louisiana had denied her application to establish
an NTP. Judge Bittner held that DEA does not have statutory authority
under the Controlled Substances Act to register an NTP unless that
entity is authorized by the FDA to dispense controlled substances. 21
U.S.C. 823(g). In a proceeding to obtain registration as an NTP, if the
applicant does not possess the requisite FDA authorization to operate
an NTP, a motion for summary disposition is properly entertained for it
is well settled that where no question of fact exists, or where the
material facts are agreed, a plenary administrative proceeding is not
required. Phillip E. Kirk, M.D., 48 FR 32887 (1983), aff'd sub nom,
Kirk v. Mullen, 749 F.2d 297 (6th Cir. 1984).
Accordingly, the Deputy Administrator adopts the Opinion and
Recommended Decision of the Administrative Law Judge in its entirety.
Based on the foregoing, the 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
Respondent's application for DEA Certificate of Registration as an NTP
be, and it hereby is, denied. This order is effective May 10, 1995.
Dated: April 3, 1995.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 95-8651 Filed 4-7-95; 8:45 am]
BILLING CODE 4410-09-M
