[Federal Register Volume 62, Number 82 (Tuesday, April 29, 1997)]
[Notices]
[Pages 23269-23270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10916]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Harvey Robert Spar, M.D.; Revocation of Registration
On July 30, 1996, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Harvey Robert Spar, M.D., of Camarillo,
California, notifying him of an opportunity to show cause as to why DEA
should not revoke his DEA Certificate of Registration, AS1871486, under
21 U.S.C. 824(a)(3), and deny any pending applications for renewal of
such registration as a practitioner pursuant to 21 U.S.C. 823(f), for
reason that he is not currently authorized to handle controlled
substances in the State of California. The order also notified Dr. Spar
that should no request for a hearing be filed within 30 days, his
hearing right would be deemed waived.
The DEA received a signed receipt indicating that the order was
received by Dr. Spar on August 5, 1996. No request for a hearing or any
other reply was received by the DEA from Dr. Spar 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 hearing having been
received, concludes that Dr. Spar is deemed to have waived his hearing
right. After considering the relevant 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 by a Decision dated
August 23, 1995, the Medical Board of California adopted a Stipulation
for surrender of License signed by Dr. Spar on July 7, 1995, whereby
Dr. Spar agreed to surrender his license to practice medicine in the
State of California. The Acting Deputy Administrator finds that in
light of the fact that Dr. Spar is not currently
[[Page 23270]]
licensed to practice medicine in the State of California, it is
reasonable to infer that he is not currently authorized to handle
controlled substances in that state.
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 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. Spar is not currently authorized to
handle controlled substances in the State of California. Therefore, Dr.
Spar 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 AS1871486, previously issued to Harvey
Robert Spar, 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 May 29, 1997.
Dated: April 21, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-10916 Filed 4-28-97; 8:45 am]
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