79314 Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Notices 

1Based on the Government’s submissions in its 

RFAA dated March 12, 2024, the Agency finds that 

service of the OSC on Registrant was adequate. The 

included declaration from a DEA Diversion 

Investigator indicates that on February 2, 2024, the 

OSC was unsuccessfully mailed to both Registrant’s 

registered address and mail-to address. RFAAX 2, 

at 1–2. On February 9, 2024, the DEA Diversion 

Investigator received an email from the ‘‘Mail 

Delivery Subsystem’’ account, confirming 

successful delivery of the OSC to Registrant. Id. at 

2; see also id., Attachment 3–4. On February 12, 

2024, the OSC was unsuccessfully mailed to a third 

address verified by the US Postal Inspection Service 

to be associated with Registrant. RFAAX 2, at 2–3. 

The Agency finds that Registrant was successfully 

served the OSC by email and that the Diversion 

Investigator’s efforts to serve Registrant by other 

means were ‘‘ ‘reasonably calculated, under all the 

circumstances, to apprise [Registrant] of the 

pendency of the action.’ ’’ Jones v. Flowers, 547 U.S. 

220, 226 (2006) (quoting Mullane v. Central 

Hanover Bank & Trust Co., 339 U.S. 306, 314 

(1950)). Therefore, due process notice requirements 

have been satisfied. 

2Under the Administrative Procedure Act, an 

agency ‘‘may take official notice of facts at any stage 

in a proceeding—even in the final decision.’’ 

United States Department of Justice, Attorney 

General’s Manual on the Administrative Procedure 

Act 80 (1947) (Wm. W. Gaunt & Sons, Inc., Reprint 

1979). Pursuant to 5 U.S.C. 556(e), ‘‘[w]hen an 

agency decision rests on official notice of a material 

fact not appearing in the evidence in the record, a 

party is entitled, on timely request, to an 

opportunity to show the contrary.’’ Accordingly, 

Registrant may dispute the Agency’s finding by 

filing a properly supported motion for 

reconsideration of findings of fact within fifteen 

calendar days of the date of this Order. Any such 

motion and response shall be filed and served by 

email to the other party and to Office of the 

Administrator, Drug Enforcement Administration at 

dea.addo.attorneys@dea.gov. 

3This rule derives from the text of two provisions 

of the Controlled Substances Act (CSA). First, 

Congress defined the term ‘‘practitioner’’ to mean 

‘‘a physician . . . or other person licensed, 

registered, or otherwise permitted, by . . . the 

jurisdiction in which he practices . . . , to 

distribute, dispense, . . . [or] administer . . . a 

licensed health professional authorized 

to prescribe drugs, if acting in the 

course of professional practice, in 

accordance with the laws regulating the 

professional’s practice’’ to prescribe or 

administer schedule II, III, IV, and V 

controlled substances to patients. Id. 

section 3719.06(A)(1)(a)–(b). 

Here, the undisputed evidence in the 

record is that although Registrant is 

currently authorized to practice 

medicine in Ohio, Registrant is not 

authorized to handle controlled 

substances in accordance with his 

practice of medicine. Thus, because 

Registrant lacks authority to handle 

controlled substances in Ohio, 

Registrant is not eligible to maintain a 

DEA registration. Accordingly, the 

Agency will order that Registrant’s DEA 

registration be revoked. 

Order 

Pursuant to 28 CFR 0.100(b) and the 

authority vested in me by 21 U.S.C. 

824(a), I hereby revoke DEA Certificate 

of Registration No. FF0291005 issued to 

Michael Fletcher, M.D. Further, 

pursuant to 28 CFR 0.100(b) and the 

authority vested in me by 21 U.S.C. 

823(g)(1), I hereby deny any pending 

applications of Michael Fletcher, M.D., 

to renew or modify this registration, as 

well as any other pending application of 

Michael Fletcher, M.D., for additional 

registration in Ohio. This Order is 

effective October 28, 2024. 

Signing Authority 

This document of the Drug 

Enforcement Administration was signed 

on September 20, 2024, by 

Administrator Anne Milgram. That 

document with the original signature 

and date is maintained by DEA. For 

administrative purposes only, and in 

compliance with requirements of the 

Office of the Federal Register, the 

undersigned DEA Federal Register 

Liaison Officer has been authorized to 

sign and submit the document in 

electronic format for publication, as an 

official document of DEA. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Heather Achbach, 

Federal Register Liaison Officer, Drug 

Enforcement Administration. 

[FR Doc. 2024–22205 Filed 9–26–24; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Charles Sangmoah, P.A.; Decision and 

Order 

On January 18, 2024, the Drug 

Enforcement Administration (DEA or 

Government) issued an Order to Show 

Cause (OSC) to Charles Sangmoah, P.A., 

of Huntington Park, CA (Registrant). 

Request for Final Agency Action 

(RFAA), Exhibit (RFAAX) 1, at 1, 3. The 

OSC proposed the revocation of 

Registrant’s Certificate of Registration 

No. MS2342842, alleging that 

Registrant’s registration should be 

revoked because Registrant is ‘‘currently 

without authority to handle controlled 

substances in California, the state in 

which [he is] registered with DEA.’’ Id. 

(citing 21 U.S.C. 824(a)(3)). 

The OSC notified Registrant of his 

right to file with DEA a written request 

for hearing, and that if he failed to file 

such a request, he would be deemed to 

have waived his right to a hearing and 

be in default. Id. at 2 (citing 21 CFR 

1301.43). Here, Registrant did not 

request a hearing. RFAA, at 3.1 ‘‘A 

default, unless excused, shall be 

deemed to constitute a waiver of the 

[registrant’s] right to a hearing and an 

admission of the factual allegations of 

the [OSC].’’ 21 CFR 1301.43(e). 

Further, ‘‘[i]n the event that a 

registrant . . . is deemed to be in 

default . . . DEA may then file a request 

for final agency action with the 

Administrator, along with a record to 

support its request. In such 

circumstances, the Administrator may 

enter a default final order pursuant to 

[21 CFR] § 1316.67.’’ Id. § 1301.43(f)(1). 

Here, the Government has requested 

final agency action based on Registrant’s 

default pursuant to 21 CFR 1301.43(d)– 

(f), 1301.46. RFAA, at 1; see also 21 CFR 

1316.67. 

Findings of Fact 

The Agency finds that, in light of 

Registrant’s default, the factual 

allegations in the OSC are admitted. 

According to the OSC, effective May 31, 

2023, Registrant surrendered his 

California physician assistant license. 

RFAAX 1, at 1. According to California 

online records, of which the Agency 

takes official notice, Registrant’s 

California physician assistant license 

remains surrendered.2 California DCA 

License Search, https://

search.dca.ca.gov (last visited date of 

signature of this Order). Accordingly, 

the Agency finds that Registrant is not 

licensed to practice as a physician 

assistant in California, the state in 

which he is registered with DEA. 

Discussion 

Pursuant to 21 U.S.C. 824(a)(3), the 

Attorney General is authorized to 

suspend or revoke a registration issued 

under 21 U.S.C. 823 ‘‘upon a finding 

that the registrant . . . has had his State 

license or registration suspended . . . 

[or] revoked . . . by competent State 

authority and is no longer authorized by 

State law to engage in the . . . 

dispensing of controlled substances.’’ 

With respect to a practitioner, DEA has 

also long held that the possession of 

authority to dispense controlled 

substances under the laws of the state in 

which a practitioner engages in 

professional practice is a fundamental 

condition for obtaining and maintaining 

a practitioner’s registration. See, e.g., 

James L. Hooper, D.O., 76 FR 71371, 

71372 (2011), pet. for rev. denied, 481 

F. App’x 826 (4th Cir. 2012); Frederick 

Marsh Blanton, D.O., 43 FR 27616, 

27617 (1978).3


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Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Notices 79315 

controlled substance in the course of professional 

practice.’’ 21 U.S.C. 802(21). Second, in setting the 

requirements for obtaining a practitioner’s 

registration, Congress directed that ‘‘[t]he Attorney 

General shall register practitioners . . . if the 

applicant is authorized to dispense . . . controlled 

substances under the laws of the State in which he 

practices.’’ 21 U.S.C. 823(g)(1). Because Congress 

has clearly mandated that a practitioner possess 

state authority in order to be deemed a practitioner 

under the CSA, DEA has held repeatedly that 

revocation of a practitioner’s registration is the 

appropriate sanction whenever he is no longer 

authorized to dispense controlled substances under 

the laws of the state in which he practices. See, e.g., 

James L. Hooper, 76 FR 71371–72; Sheran Arden 

Yeates, D.O., 71 FR 39130, 39131 (2006); Dominick 

A. Ricci, D.O., 58 FR 51104, 51105 (1993); Bobby 

Watts, D.O., 53 FR 11919, 11920 (1988); Frederick 

Marsh Blanton, 43 FR 27617. 

According to California statute, 

‘‘dispense’’ means ‘‘to deliver a 

controlled substance to an ultimate user 

or research subject by or pursuant to the 

lawful order of a practitioner, including 

the prescribing, furnishing, packaging, 

labeling, or compounding necessary to 

prepare the substance for that delivery.’’ 

Cal. Health & Safety Code section 11010 

(West 2024). Further, a ‘‘practitioner’’ 

means a person ‘‘licensed, registered, or 

otherwise permitted, to distribute, 

dispense, conduct research with respect 

to, or administer, a controlled substance 

in the course of professional practice or 

research in [the] state.’’ Id. 

section 11026(c). 

Here, the undisputed evidence in the 

record is that Registrant currently lacks 

authority to practice as a physician 

assistant in California. As discussed 

above, an individual must be a licensed 

practitioner to dispense a controlled 

substance in California. Thus, because 

Registrant currently lacks authority to 

practice as a physician assistant in 

California and, therefore, is not 

currently authorized to handle 

controlled substances in California, 

Registrant is not eligible to maintain a 

DEA registration. Accordingly, the 

Agency will order that Registrant’s DEA 

registration be revoked. 

Order 

Pursuant to 28 CFR 0.100(b) and the 

authority vested in me by 21 U.S.C. 

824(a), I hereby revoke DEA Certificate 

of Registration No. MS2342842 issued to 

Charles Sangmoah, P.A. Further, 

pursuant to 28 CFR 0.100(b) and the 

authority vested in me by 21 U.S.C. 

823(g)(1), I hereby deny any pending 

applications of Charles Sangmoah, P.A., 

to renew or modify this registration, as 

well as any other pending application of 

Charles Sangmoah, P.A., for additional 

registration in California. This Order is 

effective October 28, 2024. 

Signing Authority 

This document of the Drug 

Enforcement Administration was signed 

on September 20, 2024, by 

Administrator Anne Milgram. That 

document with the original signature 

and date is maintained by DEA. For 

administrative purposes only, and in 

compliance with requirements of the 

Office of the Federal Register, the 

undersigned DEA Federal Register 

Liaison Officer has been authorized to 

sign and submit the document in 

electronic format for publication, as an 

official document of DEA. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Heather Achbach, 

Federal Register Liaison Officer, Drug 

Enforcement Administration. 

[FR Doc. 2024–22202 Filed 9–26–24; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

[OMB Number 1121–0240] 

Agency Information Collection 

Activities; Proposed eCollection 

eComments Requested; 

Reinstatement, With Change, of a 

Previously Approved Collection: 2024 

Law Enforcement Management and 

Administrative Statistics (LEMAS) 

Survey 

AGENCY: Bureau of Justice Statistics, 

Department of Justice. 

ACTION: 30-Day notice. 

SUMMARY: The Bureau of Justice 

Statistics (BJS), Department of Justice 

(DOJ) will be submitting the following 

information collection request to the 

Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act of 1995. 

DATES: Comments are encouraged and 

will be accepted for 30 days until 

October 28, 2024. 

FOR FURTHER INFORMATION CONTACT: If 

you have comments especially on the 

estimated public burden or associated 

response time, suggestions, or need a 

copy of the proposed information 

collection instrument with instructions 

or additional information, please 

contact Sean E. Goodison (email: 

Sean.Goodison@usdoj.gov; telephone: 

202–307–0765), Bureau of Justice 

Statistics, 999 North Capitol Street NE, 

Washington, DC 20531. 

SUPPLEMENTARY INFORMATION: The 

proposed information collection was 

previously published in the Federal 

Register, 89 FR 58765–6, on July 19, 

2024. No comments were received. 

Written comments and suggestions 

from the public and affected agencies 

concerning the proposed collection of 

information are encouraged. Your 

comments should address one or more 

of the following four points: 

—Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Bureau of Justice 

Statistics, including whether the 

information will have practical utility; 

—Evaluate the accuracy of the agency’s 

estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

—Evaluate whether and if so how the 

quality, utility, and clarity of the 

information to be collected can be 

enhanced; and 

—Minimize the burden of the collection 

of information on those who are to 

respond, including through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms 

of information technology, e.g., 

permitting electronic submission of 

responses. 

Written comments and 

recommendations for this information 

collection should be submitted within 

30 days of the publication of this notice 

on the following website 

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by selecting ‘‘Currently under 

30-day Review—Open for Public 

Comments’’ or by using the search 

function and entering either the title of 

the information collection or the OMB 

Control Number [1121–0240]. This 

information collection request may be 

viewed at www.reginfo.gov. Follow the 

instructions to view Department of 

Justice, information collections 

currently under review by OMB. 

DOJ seeks PRA authorization for this 

information collection for three (3) 

years. OMB authorization for an ICR 

cannot be for more than three (3) years 

without renewal. The DOJ notes that 

information collection requirements 

submitted to the OMB for existing ICRs 

receive a month-to-month extension 

while they undergo review. 

Abstract: The LEMAS core survey, 

conducted every 3 to 4 years since 1987, 

is currently based on a nationally 

representative sample of approximately 

3,500 general-purpose law enforcement 

agencies (LEAs). The 2024 LEMAS has 

been revised to remove questions to 

help reduce burden and increase clarity. 

The LEMAS survey has been used to 


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