5676 Federal Register / Vol. 65, No. 24 / Friday, February 4, 2000 / Notices

Cause was also sent to Dr. Hutchinson

at his last known address in Illinois.

The return receipt indicates that the

Order to Show Cause was forwarded to

another address in Illinois and was

signed for on or about August 20, 1999.

No request for a hearing or any other

reply was received by the DEA from Dr.

Hutchinson 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. Hutchinson

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) 1301.46.

This final order replaces and supersedes

the final order issued on January 3,

2000.

The Deputy Administrator finds that

Dr. Hutchinson currently possesses DEA

Certificate of Registration BH2898053

issued to him in Ohio. The Deputy

Administrator further finds that on July

8, 1998, the State Medical Board of Ohio

permanently revoked his license to

practice medicine in the State of Ohio.

Therefore, the Deputy Administrator

concludes that Dr. Hutchinson is not

currently licensed to practice medicine

in Ohio, and as a result, it is reasonable

to infer that he is not currently

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 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 it is clear that Dr. Hutchinson is

not currently authorized to handle

controlled substances in the State of

Ohio. 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 BH2898053, previously

issued to Archibald W. Hutchinson,

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 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. 00–2527 Filed 2–3–00; 8:45 am]

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 99-36]

Kenneth Leroy Jones, M.D.;

Revocation of Registration

On August 24, 1999, the Deputy

Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration (DEA) issued an Order

to Show Cause to Kenneth Leroy Jones,

M.D. (Respondent) of Paintsville,

Kentucky, notifying him of an

opportunity to show cause as to why

DEA should not revoke his DEA

Certificate of Registration AJ1551399,

and deny any pending applications for

renewal of such registration as a

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

and 824(a)(3). The Order to Show Cause

alleged that Respondent was not

currently authorized to handle

controlled substances in the

Commonwealth of Kentucky.

By letter dated September 17, 1999,

Respondent requested a hearing, and the

matter was docketed before

Administrative Law Judge Mary Ellen

Bittner. On October 20, 1999, the

Government filed a Motion for

Summary Disposition, alleging that

Respondent is currently registered with

DEA to handle controlled substances in

Kentucky, however, he is not currently

authorized by the Commonwealth of

Kentucky to handle controlled

substances. Respondent was given until

November 10, 1999, to file a response to

the Government’s motion. Respondent

failed to file a timely response.

On November 18, 1999, Judge Bittner

issued her Opinion and Recommended

Decision finding that Respondent lacks

authorization to handle controlled

substances in the Commonwealth of

Kentucky; granting the Government’s

Motion for Summary Disposition; and

recommending that Respondent’s DEA

Certificate of Registration be revoked.

Neither party filed exceptions to her

Opinion and Recommended Decision,

however on November 30, 1999,

Respondent filed a letter with Judge

Bittner indicating that he no longer

wished to pursue this matter and asking

that favorable consideration be given to

any future applications for registration

with DEA. On December 20, 1999, Judge

Bittner transmitted the record of these

proceedings to the Office of 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.

As a preliminary matter, the Deputy

Administrator has not considered

Respondent’s letter filed on November

30, 1999, since it was not timely filed

and Respondent has not offered any

explanation for the late filing.

The Deputy Administrator finds that

Respondent possesses DEA Certificate of

Registration AJ1551399, issued to him at

an address in Paintsville, Kentucky. The

Deputy Administrator further finds that

on January 7, 1999, the Commonwealth

of Kentucky, State Board of Medical

Licensure ordered the revocation of

Respondent’s Kentucky medical license.

Respondent did not dispute that he is

not currently authorized to practice

medicine in Kentucky.

Therefore, the Deputy Administrator

finds that Respondent is not currently

authorized to practice medicine in the

Commonwealth of Kentucky. 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 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 it is clear that Respondent is not

licensed to handle controlled substances

in Kentucky. 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

Kentucky. Therefore, it is well-settled

that when no question of material fact

is involved, a plenary, adversary

administrative proceeding involving

Federal Register / Vol. 65, No. 24 / Friday, February 4, 2000 / Notices 5677

evidence and cross-examination of

witnesses is not obligatory. See Gilbert

Ross, M.D., 61 FR 8664 (1996); Philip E.

Kirk, M.D., 48 FR 32,887 (1983), aff’d

sub nom Kirk 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 0.014,

hereby orders that DEA Certificate of

Registration AJ1551399, issued to

Kenneth Leroy Jones, M.D. be, and it

hereby is, revoked. The Deputy

Administrator further orders that any

pending applications for renewal of

such registration be, and they hereby

are, denied. This order is effective

March 6, 2000.

Dated: January 18, 2000.

Donnie R. Marshall,

Deputy Administrator.

[FR Doc. 00–2528 Filed 2–3–00; 8:45 am]

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 99–31]

Richard Eaton Leach, 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 Richard Eaton Leach,

M.D. (Respondent) of Lake Charles,

Louisiana, notifying him of an

opportunity to show cause as to why

DEA should not revoke his DEA

Certificate of Registration AL8792106,

and deny any pending applications for

renewal of such registration as a

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

and 824(a)(3). The Order to Show Cause

alleged that Respondent is not currently

authorized to handle controlled

substances in the State of Louisiana.

By letter dated August 19, 1999,

Respondent filed a request for a hearing,

listing a Lake Charles, Louisiana

address. The matter was docketed before

Administrative Law Judge Gail A.

Randall. On September 1, 1999, Judge

Randall issued an Order for Prehearing

Statements. On September 23, 1999, the

Government filed a Motion for

Summary Disposition, alleging that

Respondent is currently registered with

DEA to handle controlled substances in

Louisiana, however he is not currently

authorized by the State of Louisiana to

handle controlled substances. In

addition, the Government requested that

Judge Randall stay the proceedings

pending her ruling on the Government’s

motion. In an order dated September 24,

1999, Judge Randall stayed the

proceedings pending her ruling on the

Government’s motion and gave the

Respondent an opportunity to file a

response to the Government’s motion.

Both the Order for Prehearing

Statements and the September 24, 1999

order were mailed to Respondent at the

address listed on his request for a

hearing, however according to Judge

Randall, both were returned to DEA

with the notation ‘‘moved left no

address, unable to forward, return to

sender.’’ Then, according to Judge

Randall, the two orders were sent to

Respondent’s registered location in

Jonesville, Louisiana. The Order for

Prehearing Statements was returned to

DEA with a notation ‘‘return to sender,

not at this address,’’ and the other order

has not been returned.

On October 22, 1999, Judge Randall

issued her Opinion and Recommended

Decision finding that Respondent has

waived his opportunity to reply to the

Government’s Motion for Summary

Disposition. He is no longer receiving

mail at his registered address nor at the

address listed in his request for a

hearing. Further he has failed to inform

Judge Randall of any viable address. In

her Opinion and Recommended

Decision, Judge Randall also found that

Respondent lacks authorization to

handle controlled substances in the

State of Louisiana; granted the

Government’s Motion for Summary

Disposition; and recommended that

Respondent’s DEA Certificate of

Registration be revoked. Neither party

filed exceptions to her Opinion and

Recommended Decision, and on

November 22, 1999, Judge Randall

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. This final order

replaces and supersedes the final order

issued on January 3, 2000. The Deputy

Administrator adopts, in full, the

Opinion and Recommended Decision of

the Administrative Law Judge.

The Deputy Administrator finds based

upon the evidence in the record that

Respondent’s license to practice

medicine in Louisiana was indefinitely

suspended on February 27, 1998.

Additionally, by a letter dated April 20,

1998, Respondent was informed that his

state license to possess, distribute, or

prescribe controlled substances was

suspended due to the loss of his medical

license. No evidence was presented by

Respondent to dispute that he is not

currently authorized to handle

controlled substances in the State of

Louisiana. Therefore, the Deputy

Administrator finds that Respondent is

not currently authorized to handle

controlled substances in Louisiana, the

state in which he is registered with

DEA.

The 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 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, it is clear that Respondent is not

licensed to handle controlled substances

in Louisiana. Since Respondent lacks

this state authority, he is not entitled to

a DEA registration in that state.

In light of the above, Judge Randall

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

Louisiana. Therefore, it is well-settled

that when no question of material fact

is involved, a plenary, adversary

administrative proceeding involving

evidence and cross-examination of

witnesses is not obligatory. See Philip E.

Kirk, M.D. 48 FR 32,887 (1983), aff’d

sub nom Kirk 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 DEA Certificate of

Registration AL8792106, previously

issued to Richard Eaton Leach, M.D., be,

and it hereby is, revoked. The Deputy

Administrator further orders that any

pending applications for renewal of

such registration be, and they hereby

are, denied. This order is effective

March 6, 2000, and is the final agency

action for appellate purposes pursuant

to 21 U.S.C. 877.