[Federal Register Volume 59, Number 141 (Monday, July 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17948]
[[Page Unknown]]
[Federal Register: July 25, 1994]
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DEPARTMENT OF JUSTICE
[Docket No. 94-21]
Boitshoko P. Marang, M.D.; Revocation of Registration
On December 10, 1993, the Acting Administrator of the Drug
Enforcement Administration (DEA), issued an Order to Show Cause and
Immediate Suspension of Registration to Boitshoko P. Marang, M.D.
(Respondent). The Order to Show Cause proposed to revoke DEA
Certificate of Registration, BM1482506, and deny any pending
applications for renewal of such registration. The grounds for the
issuance of the Order to Show Cause were that the State of Michigan had
revoked Respondent's license to practice medicine and that his
continued registration would be inconsistent with the public interest.
Additionally, citing his preliminary finding that Respondent's
continued registration posed an imminent danger to the public health
and safety, the Acting Administrator ordered the immediate suspension
of Respondent's registration pending the outcome of these proceedings.
21 U.S.C. 824(d).
On December 10, 1993, the Order to Show Cause and Immediate
Suspension of Registration was personally served on Respondent at the
Wayne County Jail, 570 Clinton Street, Detroit, Michigan. By letter
dated January 9, 1994, Respondent requested a hearing on the issues
raised in the Order to Show Cause. The matter was placed on the docket
of Administrative Law Judge Paul A. Tenney. On February 15, 1994, the
Government filed a motion for summary disposition. A copy of the motion
was forwarded to Respondent at the address he provided in his request
for a hearing, the Wayne County Jail.
The envelope which contained the Government's motion for summary
disposition was returned to the Government with the notation
``addressee unknown.'' Government counsel verified that the Respondent
remained an inmate in the Wayne County Jail and on March 14, 1994,
again forwarded a copy of the Government's motion.
On February 16, 1994, the administrative law judge attempted to
serve Respondent with an order which allowed Respondent 14 days in
which to respond to the Government's motion for summary disposition.
The envelope was returned, marked, ``addressee unknown.'' On April 7,
1994, the administrative law judge forwarded a second order to
Respondent, by certified mail. Respondent failed to file a response to
the order.
By order dated April 25, 1994, the administrative law judge found
that Respondent waived his opportunity for a hearing, and recommended
that a final order be entered under 21 CFR 1301.57. Alternatively, the
administrative law judge granted the Government's motion for summary
disposition. Neither party filed exceptions to the administrative law
judge's order and on May 23, 1994, the record was transmitted to the
Deputy Administrator. The Deputy Administrator concludes that
Respondent has waived his opportunity for a hearing on the issues
raised in the Order to Show Cause and, pursuant to 21 CFR 1301.54(e)
and 1301.57, enters this final order based upon the record as it now
appears.
The Deputy Administrator finds that an administrative complaint had
been filed with the Michigan Board of Medicine (``the Board'') against
the Respondent. After careful consideration of the documents filed in
that cause, the Board concluded that the continued licensure of
Respondent constitutes a threat to the public health, safety and
welfare requiring emergency action. Therefore, on December 1, 1993, the
Board summarily suspended Respondent's license to practice medicine.
Consequently, Respondent is not currently authorized to handle
controlled substances in the State of Michigan.
The 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.
See 21 U.S.C. 802(21), 823(f) and 824(a)(3). This prerequisite has been
consistently upheld. See Roy E. Hardman, M.D., 57 FR 49195 (1992)
(noting that ``Michigan law provides that a suspension of an
individual's medical license shall result in the nullification of the
individual's authority to handle controlled substances''); see also,
Myong S. Yi, M.D., 54 FR 30618 (1989); DePietro's Pharmacy, 54 FR 22499
(1989); Bobby Watts, M.D., 53 FR 11919 (1988); and cases cited therein.
Since there is no dispute about Respondent's lack of authority to
handle controlled substances in the State of Michigan, the
administrative law judge properly granted the Government's motion for
summary disposition. When no question of fact is involved, or when the
facts are agreed upon, a plenary, adversarial administrative proceeding
with the full panoply of due process rights is not obligatory. See
Philip E. Kirk, M.D., 48 FR 32887 (1983), aff'd sub nom Kirk v. Mullen,
749 F.2d 297 (6th Cir. 1984); United States v. Consolidated Mines and
Smelting Company, Ltd., 455 F.2d 432, 453 (9th Cir. 1971).
Having considered the facts and circumstances in this matter, the
Deputy Administrator concludes that Dr. Marang's DEA Certificate of
Registration should be revoked due to his lack of authorization to
handle controlled substances in the State of Michigan. 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 [59 FR 23637], hereby orders that DEA Certificate
of Registration, BM1482506, previously issued to Boitshoko P. Marang,
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 25, 1994.
Dated: July 15, 1994.
Stephen H. Green,
Deputy Administrator.
[FR Doc. 94-17948 Filed 7-22-94; 8:45 am]
Billing Code 4410-09-M
