Federal Register / Vol. 69, No. 204 / Friday, October 22, 2004 / Notices 62095

substances in Florida, the jurisdiction in 

which it is registered with DEA. In 

granting the Government’s motion, 

Judge Bittner further recommended that 

Respondent’s DEA registration be 

revoked and any pending applications 

be denied. According to the letter 

transmitting this matter to the Deputy 

Administrator, no exceptions were filed 

by either party to the Opinion and 

Recommended Decision. 

The Deputy Administrator has 

considered the record in its entirety and 

pursuant to 21 CFR 1316.67, hereby 

issues her final order based upon the 

findings of fact and conclusions of law 

as hereinafter set forth. The Deputy 

Administrator adopts, in full, the 

Opinion and Recommenced Decision of 

the Administrative Law Judge. 

The Deputy Administrator finds that 

Respondent currently possesses DEA 

Certificate of Registration RB7139238 

and is registered to handle controlled 

substances in Florida as a retail 

pharmacy. The Deputy Administrator’s 

review of the November 20, 2003, letter 

from Respondent’s counsel to the 

Florida Board of Pharmacy reveals that 

after receiving the order of immediate 

suspension of its DEA registration, 

Respondent surrendered its pharmacy 

permit to the Board of Pharmacy. It 

appears from this action that 

Respondent surrendered its authority to 

handle controlled substances in Florida 

and, as a result, lacks a necessary 

prerequisite for DEA registration. There 

is no evidence before the Deputy 

Administrator that Respondent’s 

pharmacy permit has been returned or 

reinstated or that Respondent is 

currently licensed in Florida as a retail 

pharmacy. Accordingly, it is reasonable 

to infer that Respondent is without 

authorization to handle controlled 

substances in that state. 

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 business. See 21 U.S.C. 

802(21), 823(f) and 824(a)(3). This 

prerequisite has been consistently 

upheld. See Prescriptionline.com, 69 FR 

5583 (2004); Graham Travers Schuler, 

M.D., 65 FR 50,570 (2000); Wingfield 

Drugs, Inc., 52 FR 27,070 (1987). The 

agency has also maintained this 

standard in matters involving the 

immediate suspension of a DEA 

Certificate of Registration under 21 

U.S.C. 824(d). See Chemical 

Dependence Associates of Houston, 58 

FR 37505 (1993). 

Here, Respondent is currently not 

licensed to handle controlled substances 

in Florida, the state where it maintains 

its registration with DEA. Therefore, 

Respondent is not entitled to maintain 

that registration. Because Respondent is 

not entitled to a DEA registration in 

Florida due to its lack of state 

authorization to handle controlled 

substances, the Deputy Administrator 

concludes it is unnecessary to address 

whether Respondent’s registration 

should be revoked based upon the 

public interest grounds asserted in the 

Order to Show Cause and Immediate 

Suspension of Registration. See 

Deanwood Pharmacy, 68 FR 41662 

(2003); Nathaniel-Aikens-Afful, M.D., 62 

FR 16871 (1997); Greenbelt Professional 

Pharmacy, 57 FR 55000 (1992). 

Accordingly, the Deputy 

Administrator of the Drug Enforcement 

Administration, pursuant to the 

authority vested in her by 21 U.S.C. 823 

and 824 and 28 CFR 0.100(b) and 0.104, 

hereby orders that DEA Certificate of 

Registration, BR7139238, issued to RX 

Network of South Florida, LLC, be, and 

it hereby is, revoked. The Deputy 

Administrator further orders that any 

pending applications for renewal or 

modification of such registration be, and 

they hereby are, denied. This order is 

effective November 22, 2004.

Dated: October 5, 2004. 

Michele M. Leonhart, 

Deputy Administrator.

[FR Doc. 04–23715 Filed 10–21–04; 8:45 am] 

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration 

Daniel Ortiz-Vargas, M.D.; Revocation 

of Registration 

On March 2, 2004, the Deputy 

Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration (DEA), issued an Order 

to Show Cause to Daniel Ortiz-Vargas, 

M.D. (Respondent) of Yauco, Puerto 

Rico, notifying him of an opportunity to 

show cause as to why DEA should not 

revoke his DEA Certificate of 

Registration BO6085395, as practitioner, 

under 21 U.S.C. 824(a)(5) and deny any 

pending applications for renewal or 

modification of that registration. As a 

basis for revocation, the Order to Show 

Cause alleged that Respondent had been 

mandatorily excluded from 

participating in federal health programs 

pursuant to 42 U.S.C. 1320–7(a). 

By letter dated March 28, 2004, 

Respondent, through legal counsel, 

requested a hearing. On April 20, 2004, 

Administrative Law Judge Gail A. 

Randall (Judge Randall) issued an Order 

for Prehearing Statements, requiring the 

Government and Respondent to file 

prehearing statements by May 11 and 

June 1, 2004, respectively. The 

Government filed a timely prehearing 

statement, however, Respondent failed 

to file his prehearing statement by the 

deadline. 

On June 29, 2004, Judge Randall 

issued a sua sponte Notice and Order to 

Respondent allowing him a limited 

extension of time, until July 21, 2004, to 

file his prehearing statement. The 

Notice and Order cautioned Respondent 

that if he failed to meet this deadline, 

Judge Randall would deem his 

inactivity to be a waiver of his hearing 

entitlement and that she would issue an 

order terminating the case. Respondent 

did not file a prehearing statement and 

on August 10, 2004, Judge Randall 

issued her Order terminating the 

proceedings. On August 26, 2004, the 

Office of Chief Counsel forwarded the 

record to the Deputy Administrator for 

entry of a final order based on the 

investigative file. 

Therefore, the Deputy Administrator 

finds that Respondent, having requested 

a hearing but having failed to participate 

in the matter after being apprised of the 

consequences, is deemed to have 

waived his hearing right. See Bill Lloyd 

Drug, 64 FR 1823–01 (1999); Vincent A. 

Piccone, M.D., 62 FR 62,074 (1997). 

After considering material from the 

investigative file, the Deputy 

Administrator now enters her final 

order without a hearing pursuant to 21 

CFR 1301.43(d) and (e) and 1301.46. 

The Deputy Administrator finds that 

Respondent currently possesses DEA 

Certificate of Registration BO6085395. 

The Deputy Administrator further finds 

that as a result of Respondent’s 

fraudulent activities, pursuant to his 

guilty plea, he was convicted in the 

United States District Court, District of 

Puerto Rico of one count of conspiring 

to solicit and receive kickbacks in 

relation to Medicare referrals for durable 

medical equipment, in violation of 18 

U.S.C. 371. On September 17, 2002, he 

was sentenced to three years probation. 

As a result of Respondent’s 

conviction, on January 31, 2003, he was 

notified by the Department of Health 

and Human Services of his five-year 

mandatory exclusion from participation 

in the Medicare program pursuant to 42 

U.S.C. 1320a–7(a). Exclusion from 

Medicare is an independent ground for 

revoking a DEA registration. 21 U.S.C. 

824(a)(5); see Johnnie Melvin Turner, 

M.D., 67 FR 71,203 (2002). The 

underlying conviction forming the basis 

for registrant’s exclusion from 

participating in Federal health care 

programs need not involve controlled 

62096 Federal Register / Vol. 69, No. 204 / Friday, October 22, 2004 / Notices 

substances for revocation under 21 

U.S.C. 824(a)(5). See KK Pharmacy, 64 

FR 49,507 (1999); Stanley Dubin, D.D.S.,

61 FR 60,727 (1996). 

Accordingly, the Deputy 

Administrator of the Drug Enforcement 

Administration, pursuant to the 

authority vested in her by 21 U.S.C. 823 

and 824 and 28 CFR 0.100(b) and 0.104, 

hereby orders that DEA Certificate of 

Registration BO6085395, issued to 

Daniel Ortiz-Vargas, M.D., be, and it 

hereby is, revoked. The Deputy 

Administrator further orders that any 

pending applications for renewal of 

such registration be, and they hereby 

are, denied. This order is effective 

November 22, 2004.

Dated: October 5, 2004. 

Michele M. Leonhart, 

Deputy Administrator.

[FR Doc. 04–23710 Filed 10–21–04; 8:45 am] 

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration 

Serge V. Verne, D.D.S. Revocation of 

Registration 

On October 30, 2003, the Deputy 

Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration (DEA), issued an Order 

to Show Cause to Serge V. Verne, D.D.S. 

(Dr. Verne) at his registered location in 

San Diego, California, with a second 

copy sent to a location in Rancho Santa 

Fe, California. Dr. Verne was notified of 

an opportunity to show cause as to why 

DEA should not revoke his DEA 

Certificate of Registration, BV2328830, 

under 21 U.S.C. 824(a), and deny any 

pending applications for renewal or 

modification of that registration. 

Specifically, the Order to Show Cause 

alleged that Dr. Verne was without state 

license to handle controlled substances 

in the State of California. The Order to 

Show Cause also notified Dr. Verne that 

should no request for a hearing be filed 

within 30 days, his hearing right would 

be deemed waived. 

As alluded to above, copies of the 

Order to Show Cause were sent by 

certified mail to Dr. Verne at two 

separate locations. According to the 

investigative file, the copy sent to the 

San Diego location was returned to DEA 

unclaimed, however, the second show 

cause order sent to the Rancho Santa Fe 

location was accepted on Dr. Verne’s 

behalf on November 19, 2003. DEA has 

not received a request for hearing or any 

other reply from Dr. Verne or anyone 

purporting to represent him in this 

matter. 

Therefore, the Deputy Administrator, 

finding that (1) 30 days have passed 

since the receipt of the Order to Show 

Cause, and (2) no request for a hearing 

having been received, concludes that Dr. 

Verne is deemed to have waived his 

hearing right. After considering material 

from the investigative file in this matter, 

the Deputy Administrator now enters 

her final order without a hearing 

pursuant to 21 CFR 1301.43(d) and (e) 

and 1301.46. 

The Deputy Administrator finds that 

Dr. Verne is currently registered with 

DEA as a practitioner authorized to 

handle controlled substances in 

Schedules II through V. According to 

information in the investigative file, 

effective May 8, 2003, the Dental Board 

of California (Dental Board) ordered the 

revocation of Dr. Verne’s license to 

practice dentistry in that state. The 

Dental Board’s action was based in part 

upon findings that Dr. Verne provided 

false and misleading information 

regarding his continuing education, and 

his use of fraud in the procurement of 

his dental license and general 

anesthesia permit. There is no evidence 

before the Deputy Administrator to 

rebut findings that Dr. Verne’s 

California dental license has been 

revoked and has not been reinstated. 

Therefore, the Deputy Administrator 

finds that since Dr. Verne is not 

currently authorized to practice 

dentistry in California, it is reasonable 

to infer that he is not authorized to 

handle controlled substances in that 

state. 

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 business. See 21 U.S.C. 

802(21), 823(f) and 824(a)(3). This 

prerequisite has been consistently 

upheld. See Richard J. Clement, M.D., 

68 FR 12,103 (2003); Dominick A. Ricci, 

M.D., 58 FR 51,104 (1993); Bobby Watts, 

M.D., 53 FR 11,919 (1988). 

Here, it is clear that Dr. Verne is not 

licensed to handle controlled substances 

in California, where he is registered 

with DEA. Therefore, he is not entitled 

to maintain that registration. 

Accordingly, the Deputy 

Administrator of the Drug Enforcement 

Administration, pursuant to the 

authority vested in her by 21 U.S.C. 823 

and 824 and 28 CFR 0.100(b) and 0.104, 

hereby orders that DEA Certificate of 

Registration, BV2328830, issued to 

Serge V. Verne, D.D.S., be, and it hereby 

is, revoked. The Deputy Administrator 

further orders that any pending 

applications for renewal or modification 

of the aforementioned registration be, 

and hereby are, denied. This order is 

effective November 22, 2004.

Dated: October 5, 2004. 

Michele M. Leonhart, 

Deputy Administrator.

[FR Doc. 04–23716 Filed 10–21–04; 8:45 am] 

BILLING CODE 4410–09–M

DEPARTMENT OF LABOR

Employment and Training 

Administration 

Investigations Regarding Certifications 

of Eligibility To Apply For Worker 

Adjustment Assistance 

Petitions have been filed with the 

Secretary of Labor under Section 221(a) 

of the Trade Act of 1974 (‘‘the Act’’) and 

are identified in the Appendix to this 

notice. Upon receipt of these petitions, 

the Director of the Division of Trade 

Adjustment Assistance, Employment 

and Training Administration, has 

instituted investigations pursuant to 

Section 221(a) of the Act. 

The purpose of each of the 

investigations is to determine whether 

the workers are eligible to apply for 

adjustment assistance under Title II, 

Chapter 2, of the Act. The investigations 

will further relate, as appropriate, to the 

determination of the date on which total 

or partial separations began or 

threatened to begin and the subdivision 

of the firm involved. 

The petitioners or any other persons 

showing a substantial interest in the 

subject matter of the investigations may 

request a public hearing, provided such 

request is filed in writing with the 

Director, Division of Trade Adjustment 

Assistance, at the address shown below, 

not later than November 1, 2004. 

Interested persons are invited to 

submit written comments regarding the 

subject matter of the investigations to 

the Director, Division of Trade 

Adjustment Assistance, at the address 

shown below, not later than November 

1, 2004. 

The petitions filed in this case are 

available for inspection at the Office of 

the Director, Division of Trade 

Adjustment Assistance, Employment 

and Training Administration, U.S. 

Department of Labor, Room C–5311, 200 

Constitution Avenue, NW., Washington, 

DC 20210.

Signed at Washington, DC this 15th day of 

October 2004. 

Timothy Sullivan, 

Director, Division of Trade Adjustment 

Assistance.