[Federal Register Volume 64, Number 119 (Tuesday, June 22, 1999)]
[Notices]
[Pages 33318-33319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15748]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 98-7]
Michael J. Pine, D.D.S.; Denial of Application
On October 22, 1997, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA) issued an
Order to Show Cause to Michael J. Pine, D.D.S. (Respondent) of
Roseburg, Oregon, notifying him of an opportunity to show cause as to
why DEA should not deny his application for registration as a
practitioner under 21 U.S.C. 823(f) and 824(a)(1) and (a)(4) for reason
that his registration would be inconsistent with the public interest.
Respondent filed a request for a hearing, and the matter was
docketed before Administrative Law Judge Gail A. Randall. Following
prehearing procedures, a hearing was held on April 2, 1998, in Eugene,
Oregon. After the hearing, both parties submitted proposed findings of
fact, conclusions of law and argument.
On November 27, 1998, while the matter was still pending before
Judge Randall, counsel for the Government filed a Motion to Reopen
Record and for Summary Disposition, alleging that Respondent is
currently without authority to handle controlled substances in the
State of Oregon. The motion was supported by a copy of the Consent
Order for Revocation of License entered into by Respondent with the
Oregon Board of Dentistry dated June 26, 1998. The Government argued
that DEA cannot issue Respondent a registration since Respondent is
without state authorization to handle controlled substances. Although
Respondent was given the opportunity to file a response to the
Government's motion, no such response was filed.
Thereafter, on December 29, 1998, Judge Randall issued her Opinion
and Recommended Decision, finding that based upon the evidence before
her, Respondent lacks authorization to handle controlled substances in
the State of Oregon and therefore he is not entitled to a DEA
registration in that state; granting the Government's Motion for
Summary Disposition; and recommending that Respondent's application for
registration be denied. Neither party filed exceptions to her opinion,
and on February 5, 1999, Judge Randall transmitted the record of these
proceedings to the Deputy Administrator.
The Deputy Administrator has considered the record in its entirety,
and pursuant to 21 CFR 1416.67, hereby issues his final order based
upon findings of fact and conclusions of law as hereinafter set forth.
The Deputy Administrator adopts in full the Opinion and Recommended
Decision of the Administrative Law Judge. His adoption is in no manner
diminished by any recitation of facts, issues and conclusions herein,
or of any failure to mention a matter of fact or law.
The Deputy Administrator finds that by a Consent Order for
Revocation of License dated June 26, 1998, the Oregon Board of
Dentistry ordered the immediate revocation of Respondent's license to
practice dentistry. Therefore, the Deputy Administrator finds that
Respondent is not currently authorized to practice dentistry in Oregon,
the state where he has applied to be registered with DEA. The Deputy
Administrator further finds that it is reasonable to infer that since
Respondent is not authorized to practice dentistry in Oregon, he is
also not authorized to handle controlled substances in that state.
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 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 Respondent is not licensed to handle
controlled substances in Oregon. Since Respondent lacks this state
authority, he is not entitled to a DEA registration in that state.
In light of the above, Judge Randall properly granted the
Government's Motion for Summary Disposition. The parties did not
dispute the fact that Respondent is currently unauthorized to handle
controlled substances in Oregon. See Dong Ha Chung, M.D., 63 FR 11,694
(1998); Jesus R. Juarez, M.D., 62 FR 14,945 (1997).
Since DEA does not have the statutory authority to issue Respondent
a DEA registration because he is not currently authorized to handle
controlled substances in Oregon, the Deputy Administrator concludes
that it is unnecessary to determine whether Respondent's application
for registration should be denied based upon the grounds alleged in the
Order to Show Cause.
Accordingly, the Deputy Administrator of the Drug Enforcement
Administration pursuant to the authority vested in him by 21 U.S.C. 823
[[Page 33319]]
and 824 and 28 CFR 0.100(b) and 0.104, hereby orders that the
application for registration submitted by Michael J. Pine, D.D.S. on
June 5, 1995, be, and it hereby is, denied. This order is effective
June 22, 1999.
Dated: June 14, 1999.
Donnie R. Marshall,
Deputy Administrator.
[FR Doc. 99-15748 Filed 6-21-99; 8:45 am]
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