[Federal Register Volume 65, Number 24 (Friday, February 4, 2000)]
[Notices]
[Pages 5678-5679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2531]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Charles W. Marshall, D.P.M.; Revocation of Registration

    On July 28, 1999, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Charles W. Marshall, D.P.M., of Chicago, 
Illinois, notifying him of an opportunity to show cause as to why DEA 
should not revoke his DEA Certificate of Registration BM2648472 
pursuant to 21 U.S.C. 824(a)(3), and deny any pending applications for 
renewal of such registration pursuant to 21 U.S.C. 8231(f), for reason 
that he is not currently authorized to handle controlled substances in 
the State of Illinois. The order also notified Dr.

[[Page 5679]]

Marshall that should no request for a hearing be filed within 30 days, 
his hearing right would be deemed waived.
    DEA received a signed receipt indicating that the Order to Show 
Cause was received on August 23, 1999. No request for a hearing or any 
other reply was received by the DEA from Dr. Marshall 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. Marshall 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. 
This final order replaces and supersedes the final order issued on 
January 3, 2000.
    The Deputy Administrator finds that Dr. Marshall currently 
possesses DEA Certificate of Registration BM2648472 issued to him in 
Illinois. The Deputy Administrator further finds that on August 19, 
1997, the State of Illinois, Department of Professional Regulation 
issued an order indefinitely suspending Dr. Marshall's license to 
practice podiatric medicine. Additionally, Dr. Marshall's state 
controlled substance license expired on January 31, 1999. Therefore, 
the Deputy Administrator concludes that Dr. Marshall is not currently 
licensed to handle controlled substances in Illinois.
    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 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).
    Here is clear that Dr. Marshall is not currently authorized to 
handle controlled substances in the State of Illinois. As a result, Dr. 
Marshall 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 BM2648472, previously issued to Charles W. 
Marshall, D.P.M., 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 March 6, 2000, and is considered the final agency 
action for appellate purposes pursuant to 21 U.S.C. 877.

    Dated: January 18, 2000.
Donnie R. Marshall,
Deputy Administrator.
[FR Doc. 00-2531 Filed 2-3-00; 8:45 am]
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