[Federal Register Volume 60, Number 140 (Friday, July 21, 1995)]
[Notices]
[Page 37675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17932]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 95-18]
Shia Ben-Hur, D.V.M.; Revocation of Registration
On December 22, 1994 the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Shia Ben-Hur, D.V.M., of River Hills, Wisconsin
(Respondent), proposing to revoke his DEA Certificate of Registration,
AB3559652, and deny any pending applications for registration as a
practitioner. The statutory basis for the Order to Show Cause was that
Respondent was no longer authorized to handle controlled substances in
the State of Wisconsin. 21 U.S.C. 823(f) and 924(a)(3).
By letter dated January 23, 1995, Respondent, through counsel,
requested a stay of all proceedings in this matter. Administrative Law
Judge Mary Ellen Bittner, before whom this matter was docketed, denied
Respondent's request for stay on February 16, 1995, and directed
Respondent to file any request for hearing by February 27, 1995. On
March 14, 1995, following Respondent's failure to request a hearing on
the Order to Show Cause, the administrative law judge issued an Order
Terminating Proceedings. The Deputy Administrator hereby enters his
final order based upon the record and investigative file pursuant to 21
CFR 1301.57.
On November 2, 1993, Respondent pled guilty to one count of
distributing approximately two ounces of cocaine in violation of 21
U.S.C. 841(a) and was sentenced to 30 months incarceration. On January
16, 1994, the Veterinary Examining Board for the State of Wisconsin, by
stipulation with Respondent, suspended Respondent's veterinary license
until such time as Respondent was released from prison and could
address the charges in the complaint filed by the Veterinary Examining
Board. As a result, Respondent is no longer authorized to dispense
controlled substances in the State of Wisconsin.
The DEA has consistently held that it does not have statutory
authority under the Controlled Substances Act to register a
practitioner unless that practitioner is authorized to dispense
controlled substances by the state in which he proposes to practice.
See Lawrence R. Alexander, M.D., 57 FR 22256 (1992); Bobby Watts, M.D.,
53 FR 11919 (1988); Robert F. Witek, D.D.S., 52 FR 4770 (1987). In such
cases a motion for summary disposition is properly entertained. There
is no need for a plenary evidentiary hearing since there are no
questions of fact to be resolved by such a hearing. Phillip E. Kirk,
M.D., 48 FR 32887 (1983), aff'd sub nom, Kirk v. Mullen, 749 F.2d 297
(6th Cir. 1984); Floyd A. Santner, M.D., 47 FR 51831 (1982). Therefore,
because Respondent is no longer authorized to handle controlled
substances in the State of Wisconsin, the Deputy Administrator cannot
permit him to maintain a DEA Certificate of Registration in that State.
Accordingly, the Deputy Administrator of the Drug Enforcement
Administration, pursuant to 21 U.S.C. 823 and 824 and 28 CFR 0.100(b)
and 0.104, hereby orders that DEA Certificate of Registration
AB3559652, previously issued to Shia Ben-Hur, D.V.M., be, and it is
hereby, revoked, and that any pending applications for renewal of such
registration be, and they hereby are, denied. This order is effective
August 21, 1995.
Dated: July 14, 1995.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 95-17932 Filed 7-20-95; 8:45 am]
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