62092 Federal Register / Vol. 69, No. 204 / Friday, October 22, 2004 / Notices 

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, AM8413813, issued to 

Safraz Mirza, M.D., 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. 04–23717 Filed–10–21–04; 8:45 am] 

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration 

[Docket No. 04–34] 

Richard Daniel Price, MD.; Revocation 

of Registration 

On March 15, 2004, the Deputy 

Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration (DEA), issued an Order 

to Show Cause to Richard Daniel Price, 

M.D. (Dr. Price) of Birmingham, 

Alabama, notifying him of an 

opportunity to show cause as to why 

DEA should not revoke his DEA 

Certificate of Registration, BP4769949, 

as a practitioner, pursuant to 21 U.S.C. 

824(a)(3) and deny any pending 

applications for renewal of that 

registration pursuant to 21 U.S.C. 823(f). 

As a basis for revocation, the Order to 

Show Cause alleged that Dr. Price’s 

license to practice medicine in Alabama 

had been revoked and accordingly, he 

was not authorized to handle controlled 

substances in Alabama, the state in 

which he is registered. 

On May 3, 2004, Dr. Price, acting pro 

se, timely requested a hearing in this 

matter. On May 5, 2004, Presiding 

Administrative Law Judge Mary Ellen 

Bittner (Judge Bittner) issued the 

Government, as well as Dr. Price, an 

Order for Prehearing Statements. In lieu 

of filing a prehearing statement, the 

Government filed its Motion for 

Summary Judgment and to Stay the 

Time to File Prehearing Statements if 

Necessary. The Government argued Dr. 

Price’s license to practice medicine in 

Alabama had been revoked, that he was 

without authorization to handle 

controlled substances in that state and, 

as a result, further proceedings in the 

matter were not required. Attached to 

the government’s motion was a copy of 

the Alabama Medical Licensure 

Commission’s Order of March 31, 2003, 

revoking Dr. Price’s license to practice 

medicine in that state. 

On May 13, 2004, Judge Bittner issued 

an Order and Notice providing Dr. Price 

an opportunity to respond to the 

Government’s motion. Dr. Price did not 

file a response. On June 28, 2004, Judge 

Bittner issued her Opinion and 

Recommended Decision of the 

Administrative Law Judge (Opinion and 

Recommended Decision). As part of her 

recommended ruling, Judge Bittner 

granted the Government’s Motion for 

Summary Judgment, finding Dr. Price 

lacked authorization to handle 

controlled substances in Alabama, the 

jurisdiction in which he is registered. 

Judge Bittner recommended that Dr. 

Price’s DEA registration be revoked and 

any pending applications for renewal or 

modification of that registration be 

denied. No exceptions were filed by 

either party to the Opinion and 

Recommended Decision and on August 

10, 2004, the record of these 

proceedings was transmitted to the 

Office of the DEA Deputy 

Administrator. 

The Deputy Administrator has 

considered the record in its entirety and 

pursuant to 21 CFR 1316.67, hereby 

issues her 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. 

The Deputy Administrator finds that 

Dr. Price holds DEA Certificate of 

Registration, BP4769949, which expires 

on March 31, 2005. The Deputy 

Administrator further finds that, 

effective as of March 31, 2003, the 

Medical Licensure Commission of 

Alabama revoked Dr. Price’s Alabama 

medical license based on his conviction 

of a felony, a violation of Alabama Code 

34–24–360(5) (1997). There is no 

evidence in the record indicating that 

the Commission’s order has been stayed 

or rescinded or that Dr. Price’s license 

has been reinstated. Therefore, the 

Deputy Administrator finds that Dr. 

Price is currently not licensed to 

practice medicine in Alabama and, as a 

result, it is reasonable to infer that he is 

also 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 Kanwaljit S. Serai, M.D., 68 

FR 48943 (2003); Dominick A. Ricci, 

M.D., 58 FR 51104 (1993); Bobby Watts, 

M.D., 53 FR 11919 (1988). 

Here, it is clear that Dr. Price is not 

currently authorized to handle 

controlled substances in Alabama, 

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, BP4769949, 

issued to Richard Daniel Price, M.D., be, 

and it hereby is, revoked. The Deputy 

Administrator further orders that any 

pending applications for renewal or 

modification or 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. 04–23711 Filed 10–21–04; 8:45 am] 

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration 

Ivan D. Garcia-Ramirez, M.D.; 

Revocation of Registration 

On August 11, 2003, the Deputy 

Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration (DEA), issued an Order 

to Show Cause to Ivan D. GarciaRamirez, M.D. (Respondent), proposing 

to evoke his DEA Certificate of 

Registration, BG2485173, pursuant to 21 

U.S.C. 824(a)(2) and 824(a)(4). The 

Order to Show Cause alleged that 

Respondent had been convicted of a 

felony related to controlled substances 

and that his continued registration 

would be inconsistent with the public 

interest. 

By letter dated September 10, 2003, 

Respondent, through his counsel, 

requested a hearing and on September 

30, 2003, Presiding Administrative Law 

Judge Mary Ellen Bittner (Judge Bittner) 

issued the Government, as well as 

Respondent, an Order for Prehearing 

Statements. 

On October 2, 2003, the Government 

timely filed its prehearing statement. 

However, Respondent failed to file a 

prehearing statement and on December 

5, 2003, Judge Bittner issued an Order 

Terminating Proceedings, noting 

Respondent’s lack of response was