[Federal Register Volume 64, Number 120 (Wednesday, June 23, 1999)]
[Notices]
[Page 33516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15879]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Jeffrey I. Goltz, M.D.; Revocation of Registration
On November 5, 1998, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA) issued an
Order to Show Cause to Jeffrey I. Goltz, M.D., of Washington, DC,
notifying him of an opportunity to show cause as to why DEA should not
revoke his DEA Certificate of Registration AG2606599 pursuant to 21
U.S.C. 824(a)(3), for reason that he is not currently authorized to
handle controlled substances in the District of Columbia. The order
also notified Dr. Goltz that should no request for a hearing be filed
within 30 days, his hearing right would be deemed waived.
The Order to Show Cause Was sent to Dr. Goltz by registered mail to
his DEA registered address, but was returned to DEA with a notation
that Dr. Goltz had moved without leaving a forwarding address. Copies
of the Order to Show Cause were sent by regular mail to Dr. Goltz at a
correctional facility in Maryland and to an attorney who had previously
represented Dr. Goltz. Thereafter, a DEA investigator went to Dr.
Goltz' registered address and learned that he no longer resided at that
location.
No request for a hearing or any other reply was received by the DEA
from Dr. Goltz or anyone purporting to represent him in this matter.
The Deputy Administrator finds that DEA has made numerous attempts to
serve Dr. Goltz with the Order to Show Cause without success. It is
evident that Dr. Goltz is no longer practicing medicine at the address
listed on his DEA Certificate of Registration. Dr. Goltz is therefore
deemed to have waived his opportunity for a hearing. The Deputy
Administrator now enters his final order in this matter without a
hearing and based on the investigative file pursuant to 21 CFR
1301.43(d) and (e) and 1301.46.
The Deputy Administrator finds that a letter in the investigative
file dated March 5, 1998, from the District of Columbia Department of
Consumer and Regulatory Affairs indicates that Dr. Goltz' District of
Columbia controlled substances registration expired on July 30, 1996.
Therefore, the Deputy Administrator finds that Dr. Goltz is not
currently authorized to handle controlled substances in the District of
Columbia, where he is registered with DEA.
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. Goltz is not currently authorized to
handle controlled substances in the District of Columbia. Therefore,
Dr. Goltz is not entitled to a DEA registration there.
Accordingly, 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 DEA
Certificate of Registration AG2606599, previously issued to Jeffrey I.
Goltz, M.D., be, and it hereby is, revoked. The Deputy Administrator
further orders that any pending applications for the renewal of such
registration, be, and they hereby are, denied. This order is effective
July 23, 1999.
Dated: June 14, 1999.
Donnie R. Marshall,
Deputy Administrator.
[FR Doc. 99-15879 Filed 6-22-99; 8:45 am]
BILLING CODE 4410-09-M
