42696 Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Notices 

Dated: August 17, 2018. 

Uttam Dhillon, 

Acting Administrator. 

[FR Doc. 2018–18265 Filed 8–22–18; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

[Docket No. DEA–392] 

Importer of Controlled Substances 

Registration 

ACTION: Notice of registration. 

SUMMARY: Registrants listed below have 

applied for and been granted 

registration by the Drug Enforcement 

Administration (DEA) as importers of 

various classes of schedule I or II 

controlled substances. 

SUPPLEMENTARY INFORMATION: The 

companies listed below applied to be 

registered as importers of various basic 

classes of controlled substances. 

Information on previously published 

notices is listed in the table below. No 

comments or objections were submitted 

and no requests for hearing were 

submitted for these notices. 

Company FR docket Published 

Fisher Clinical Services, Inc .......................................................................................... 83 FR 28663 ...................... June 20, 2018. 

Unither Manufacturing LLC ............................................................................................ 83 FR 29136 ...................... June 22, 2018. 

The Drug Enforcement 

Administration (DEA) has considered 

the factors in 21 U.S.C. 823, 952(a) and 

958(a) and determined that the 

registration of the listed registrants to 

import the applicable basic classes of 

schedule I or II controlled substances is 

consistent with the public interest and 

with United States obligations under 

international treaties, conventions, or 

protocols in effect on May 1, 1971. The 

DEA investigated each company’s 

maintenance of effective controls 

against diversion by inspecting and 

testing each company’s physical 

security systems, verifying each 

company’s compliance with state and 

local laws, and reviewing each 

company’s background and history. 

Therefore, pursuant to 21 U.S.C. 

952(a) and 958(a), and in accordance 

with 21 CFR 1301.34, the DEA has 

granted a registration as an importer for 

schedule I or II controlled substances to 

the above listed companies. 

Dated: August 17, 2018. 

John J. Martin, 

Assistant Administrator. 

[FR Doc. 2018–18266 Filed 8–22–18; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Greg N. Rampey, D.O.; Dismissal of 

Proceedings 

On October 27, 2017, the Acting 

Assistant Administrator, Diversion 

Control Division, Drug Enforcement 

Administration (DEA), issued an Order 

to Show Cause to Greg N. Rampey, D.O. 

(Registrant), of Tulsa, Oklahoma. The 

Show Cause Order proposed the 

revocation of Registrant’s DEA 

Certificate of Registration No. 

BR7006085 on the ground that he has 

‘‘no state authority to handle controlled 

substances’’ in the State of Oklahoma, 

the State in which he is registered with 

the DEA. Order to Show Cause, 

Government Exhibit (GX) 2, at 1, 2 

(citing 21 U.S.C. 824(a)(3)). For the same 

reason, the Order also proposed the 

denial of any of Registrant’s 

‘‘applications for renewal or 

modification of such registration and 

any applications for any other DEA 

registrations.’’ Id. at 1. 

With respect to the Agency’s 

jurisdiction, the Show Cause Order 

alleged that Registrant is the holder of 

Certificate of Registration No. 

BR7006085, pursuant to which he is 

authorized to dispense controlled 

substances as a practitioner in schedules 

II through V, at the registered address of 

8596 E. 101st, Ste. B, Tulsa, Oklahoma. 

Id. The Order also alleged that this 

registration does not expire until April 

30, 2018. Id. 

As the substantive ground for the 

proceeding, the Show Cause Order 

alleged that ‘‘on September 21, 2017, the 

Oklahoma State Board of Osteopathic 

Examiners cancelled [Registrant’s] 

osteopathic medical license’’ and his 

‘‘Oklahoma Bureau of Narcotics and 

Dangerous Drugs registration is 

inactive.’’ Id. at 1–2. The Show Cause 

Order thus alleged that Registrant is 

‘‘currently without authority to practice 

medicine or handle controlled 

substances in the State of Oklahoma, the 

[S]tate in which [he is] registered with 

the DEA,’’ and that, as a consequence, 

‘‘DEA must revoke’’ his registration. Id. 

at 2. 

The Show Cause Order notified 

Registrant of (1) his right to request a 

hearing on the allegations or to submit 

a written statement in lieu of a hearing, 

(2) the procedure for electing either 

option, and (3) the consequence for 

failing to elect either option. Id. (citing 

21 CFR 1301.43). The Order also 

notified Registrant of his right to submit 

a corrective action plan. Id. at 2–3 

(citing 21 U.S.C. 824(c)(2)(C)). 

According to an Affidavit of Service 

filed in this matter, on October 30, 2017, 

personnel from DEA’s Office of Chief 

Counsel, Diversion and Regulatory 

Litigation Section, attempted to serve 

the Show Cause Order on the Registrant 

by regular first class mail addressed to 

the Registrant at his registered address. 

GX 6. The Government represents that 

its mailing was not returned as 

undeliverable. Id. On January 10, 2018, 

the Government submitted a Request for 

Final Agency Action (RFAA) 

representing that Registrant did not 

request a hearing and ‘‘ha[d] not filed 

any written statement in lieu of a 

hearing’’ within 30 days of service and 

seeking a final order revoking his 

registration. GX 7, at 2. 

On February 6, 2018, the then-Acting 

Administrator issued an Order noting 

that the Government’s effort at service 

in this case was ‘‘a departure from the 

Agency’s traditional practice.’’ GX 8. 

The Order further noted that ‘‘the 

Government cites to no authority 

establishing that a sole effort of mailing 

by first class mail (with no evidence of 

delivery to the address) is sufficient to 

provide constitutionally adequate 

service for initiating a proceeding under 

the Due Process Clause.’’ Id. As a result, 

the then-Acting Administrator directed 

the Government to either address why 

its effort was consistent with the Due 

Process Clause or to engage in 

additional reasonable efforts to serve 

Registrant. Id. 

On March 29, 2018, my office 

received the Government’s Second 

Request for Final Agency Action 

(SRFAA) describing a Diversion 

Investigator’s additional attempts to 

serve the Show Cause Order and again 

seeking a final order revoking 

Registrant’s registration. SRFAA, at 2. 


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