[Federal Register Volume 65, Number 24 (Friday, February 4, 2000)]
[Notices]
[Pages 5676-5677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2528]


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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

[[Page 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]
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