30614 Federal Register / Vol. 65, No. 93 / Friday, May 12, 2000 / Notices

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 99–24]

Robert P. Doughton, M.D.; Denial of

Application

On April 14, 1999, the Deputy

Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration (DEA) issued an Order

to Show Cause to Robert P. Doughton,

M.D. (Respondent) of Portland, Oregon,

notifying him of an opportunity to show

cause as to why DEA should not deny

his application for a DEA Certificate of

Registration as a practitioner pursuant

to 21 U.S.C. 823(f), for reason that his

registration would be inconsistent with

the public interest.

DEA received a request for a hearing

from Respondent on May 28, 1999, and

the matter was docketed before

Administrative Law Judge Mary Ellen

Bittner. Following prehearing

procedures, a hearing commenced on

November 3, 1999, in Portland, Oregon.

Due to an emergency situation in the

courtroom that occurred in the midst of

the hearing, Judge Bittner indefinitely

postponed the hearing.

On November 10, 1999, the

Government filed a Motion for

Summary Disposition, alleging that

Respondent is not currently authorized

to handle controlled substances in

Oregon, the state where he seeks

registration with DEA. Judge Bittner

gave Respondent an opportunity to file

a response to the Government’s motion,

however no such response was filed.

On December 22, 1999, Judge Bittner

issued her Opinion and Recommended

Decision finding that Respondent lacks

authorization to handle controlled

substances in the State of Oregon;

granting the Government’s Motion for

Summary Disposition; and

recommending that Respondent’s

application for a DEA Certificate of

Registration be denied. Neither party

filed exceptions to her Opinion and

Recommended Decision, and on January

24, 2000, Judge Bittner transmitted the

record of these proceedings to the

Deputy Administrator.

The Deputy Administrator has

considered the record in its entirety,

and pursuant to 21 CFR 1316.67, hereby

issues his 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

Respondent submitted an application

for a DEA Certificate of Registration in

Schedules IV and V at an address in

Portland, Oregon. The Deputy

Administrator further finds that the

Oregon Board of Medical Examiners

issued on Order on October 15, 1999,

suspending Respondent’s medical

license. Respondent did not offer any

evidence to dispute the suspension of

his Oregon medical license. Therefore,

the Deputy Administrator finds that

Respondent is not currently authorized

to practice medicine in the State of

Oregon and as a result, it is reasonable

to infer that he is also not authorized to

handle controlled substances in that

state.

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).

Respondent has not denied that he is

not currently authorized to handle

controlled substances in Oregon. Since

Respondent lacks this state authority, he

is not entitled to a DEA registration in

that state.

In light of the above, Judge Bittner

properly granted the Government’s

Motion for Summary Disposition. The

parties did not dispute the fact that

Respondent is currently unauthorized to

handle controlled substances in Oregon.

It is well-settled that when no question

of material fact is involved, aplenary,

adversary administrative proceeding

involving evidence and crossexamination of witnesses is not

obligatory. See Gilbert Ross, M.D., 61 FR

8664 (1996); Philip E. Kird, M.D., 48 FR

32,887 (1983), aff’d sub nom Kird v.

Mullen, 749 F.2d 297 (6th Cir. 1984);

NLRB v. International Association of

Bridge, Structural and Ornamental

Ironworkers, AFL–CIO, 549 F.2d 634

(9th Cir. 1977).

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 the application for a

DEA Certificate of Registration

submitted by Robert P. Doughton, M.D.,

be, and it hereby is, denied. This order

is effective June 12, 2000.

Dated: May 4, 2000.

Donnie R. Marshall,

Deputy Administrator.

[FR Doc. 00–11886 Filed 5–11–00; 8:45 am]

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

Manufacturer of Controlled

Substances; Notice of Application

Pursuant to Section 1301.33(a) of Title

21 of the Code of Federal Regulations

(CFR), this is notice that on March 29,

2000, Dupont Pharmaceuticals, 1000

Stewart Avenue, Garden City, New York

11530, made application by renewal to

the Drug Enforcement Administration

(DEA) for registration as bulk

manufacturer of the basic classes of

controlled substances listed below:

Drug Schedule

Oxycodone (9143) ........................ II

Hydrocodone (9193) ..................... II

Oxymorphone (9652) .................... II

The firm plans to manufacture the

listed controlled substances to make

finished products.

Any other such applicant and any

person who is presently registered with

DEA to manufacture such substance

may file comments or objections to the

issuance of the proposed registered.

Any such comments or objections

may be addressed, in quintuplicate, to

the Deputy Assistant Administrator,

Office of Diversion Control. Drug

Enforcement Administration, United

States Department of Justice,

Washington, DC 20537, Attention: DEA

Federal Register Representative (CCR),

and must be filed no later than July 11,

2000.

Dated: May 1, 2000.

John H. King,

Deputy Assistant Administrator, Office of

Diversion Control, Drug, Enforcement

Administration.

[FR Doc. 00–11891 Filed 5–11–00; 8:45 am]

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

Manufacturer of Controlled

Substances; Notice of Application

Pursuant to Section 1301.33(a) of Title

21 of the Code of Federal Regulations

(CFR), this is notice that on December

21, 1999, Johnson Matthey, Inc., Custom

Pharmaceuticals Department, 2003