[Federal Register Volume 65, Number 24 (Friday, February 4, 2000)]
[Notices]
[Pages 5677-5678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2529]


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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.


[[Page 5678]]


    Dated: January 18, 2000.
Donnie R. Marshall,
Deputy Administrator.
[FR Doc. 00-2529 Filed 2-4-00; 8:45 am]
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