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

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

Melvin John Miller, 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 Melvin John Miller,

M.D. of Ellijay, Georgia, notifying him of

an opportunity to show cause as to why

DEA should not revoke his DEA

Certificate of Registration BM1167077

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. 823(f), for reason that he is not

currently authorized to handle

controlled substances in the State of

Georgia. The order also notified Dr.

Miller 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 16, 1999. No

request for a hearing or any other reply

was received by the DEA from Dr. Miller

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. Miller 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 C.F.R. 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. Miller currently possesses DEA

Certificate of Registration BM1167077

issued to him in Georgia. The Deputy

Administrator further finds that on July

10, 1997, Dr. Miller entered into a

Consent Order with the Composite State

Board of Medical Examiners for the

State of Georgia wherein Dr. Miller

agreed to the indefinite suspension of

his medical license because he had

‘‘relapsed and returned to the use of

chemicals for which he has no

legitimate and/or medical need.’’ There

is no evidence in the record to indicate

that this indefinite suspension is no

longer in effect.

Therefore the Deputy Administrator

concludes that Dr. Miller is not

currently licensed to practice medicine

in Georgia, 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. Miller is not

currently authorized to handle

controlled substances in the State of

Georgia. As a result, Dr. Miller 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 C.F.R. 0.100(b) and

0.104, hereby orders that DEA

Certificate of Registration BM1167077,

previously issued to Melvin John Miller,

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. 00–2532 Filed 2–3–00; 8:45 am]

BILLING CODE 4410–09–M