[Federal Register Volume 65, Number 93 (Friday, May 12, 2000)]
[Notices]
[Page 30613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11887]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Danilo Abud-Sanchez, M.D.; Revocation of Registration

    On August 5, 1999, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA) issued an 
Order to Show Cause to Danilo Abud-Sanchez, M.D., of Paramount, 
California, notifying him of an opportunity to show cause as to why DEA 
should not revoke his DEA Certificate of Registration BA3042657 
pursuant to 21 U.S.C. 824(a)(3), and deny any pending applications for 
renewal of his registration pursuant to 21 U.S.C. 823(f), for reason 
that he is not currently authorized to handle controlled substances in 
the State of California. The order also notified Dr. Abud-Sanchez that 
should no request for a hearing be filed within 30 days, his hearing 
right would be deemed waived.
    DEA first sent the Order to Show Cause to Dr. Abud-Sanchez at his 
registered location, and it was returned unclaimed. Next, the Order to 
Show Cause was sent to Dr. Abud-Sanchez at a residential address, and 
it too was returned unclaimed. DEA investigators then contacted Dr. 
Abud-Sanchez' legal counsel who indicated that he would accept service 
of the Order to Show Cause on behalf of Dr. Abud-Sanchez. The Order to 
Show Cause was sent to Dr. Abud-Sanchez' legal counsel and DEA received 
a signed receipt indicating that the Order to Show Cause was received 
on October 25, 1999.
    No request for a hearing or any other reply was received by DEA 
from Dr. Abud-Sanchez 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. Abud-
Sanchez is deemed to have waived his hearing right. After considering 
material from the investigative file in this matter, the Deputy 
Administrator now enters his final order without a hearing pursuant to 
21 CFR 1301.43(d) and (e) and 1301.46.
    The Deputy Administrator finds that Dr. Abud-Sanchez currently 
possesses DEA Certificate of Registration BA3042657 issued to him in 
California. The Deputy Administrator further finds that effective 
February 17, 1997, the Medical Board of California revoked Dr. Abud-
Sanchez' license to practice medicine. Dr. Abud-Sanchez did not present 
any evidence that his medical license has since been reinstated in 
California and there is no such evidence in the investigative file. 
Therefore, the Deputy Administrator finds that Dr. Abud-Sanchez is not 
currently authorized to practice medicine in the State of California 
and as a result, it is reasonable to infer that he is also not 
authorized to handle controlled substances in that state.
    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 
in the state in which he conducts his business. See U.S.C. 802(21), 
832(f) and 824(a)(3). This prerequisite had been consistencly upheld. 
See Romeo. J. Perez, M.D., 62 FR 16,193 (1997); Demetris A. Green, 
M.D., 61 FR 70,728 (1996); Domminick A. Ricci, M.D., 58 FR 51,104 
(1993).
    Here it is clear that Dr. Abud-Sanchez is not currently authorized 
to handle controlled substances in the State of California. As a 
result, he is not entitled to a DEA registration in that state.
    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 DEA 
Certificate of Registration BA3042657, previously issued to Danilo 
Abud-Sanchez, 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 June 12, 2000.

    Dated: May 4, 2000.
Donnie R. Marshall,
Deputy Administrator.
[FR Doc. 00-11887 Filed 5-11-00; 8:45 am]
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