Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Notices 16871

The proposed consent decree may be

examined at the Office of the United

States Attorney, United States

Courthouse, 445 Broadway, Albany, NY

12207; the Region II Office of the

Environmental Protection Agency, 290

Broadway, New York, NY 10278; and

the Consent Decree Library, 1120 G

Street, NW., 4th Floor, Washington, D.C.

20005, (202) 624–0892. A copy of the

proposed consent decree may be

obtained in person or by mail from the

Consent Decree Library, 1120 G Street,

NW, 4th Floor, Washington, DC 20005.

In requesting a copy, please refer to the

referenced case and enclose a check in

the amount of $5.25 (25 cents per page

reproduction costs), payable to the

Consent Decree Library.

Joel M. Gross,

Section Chief, Environmental Enforcement

Section, Environment and Natural Resources

Division.

[FR Doc. 97–8926 Filed 4–7–97; 8:45 am]

BILLING CODE 4410–01–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

Nathaniel Aikens-Afful, M.D.;

Revocation of Registration

On August 1, 1996, the Deputy

Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration (DEA) issued an Order

to Show Cause to Nathaniel AikensAfful, M.D., of Randallstown, Maryland,

notifying him of an opportunity to show

cause as to why DEA should not revoke

his DEA Certificate of Registration,

AA2585721, under 21 U.S.C. 824(a)(2),

(a)(3), and (a)(4), and deny any pending

applications for registration pursuant to

21 U.S.C. 823(f), for reason that he was

convicted of a felony offense relating to

controlled substances, he is not

authorized to handle controlled

substances in the State of Maryland, and

his continued registration would be

inconsistent with the public interest.

The order also notified Dr. Aikens-Afful

that should no request for a hearing be

filed within 30 days, his hearing right

would be deemed waived.

The DEA received a signed receipt

indicating that Dr. Aikens-Afful

received the order on August 5, 1996.

No request for a hearing or any other

reply was received by the DEA from Dr.

Aikens-Afful or anyone purporting to

represent him in this matter. Therefore,

the Acting 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.

Aikens-Afful is deemed to have waived

his hearing right. After considering the

relevant material from the investigative

file in this matter, the Acting Deputy

Administrator now enters his final order

without a hearing pursuant to 21 CFR

1301.54(e) and 1301.57.

The Acting Deputy Administrator

finds that on November 16, 1994, the

Maryland State Board of Physician

Quality Assurance (Board) issued an

Order for Summary Suspension of

License to Practice Medicine. The Board

found that Dr. Aikens-Afful wrote

prescriptions for Percocet and Roxicet,

both Schedule II controlled substances,

for individuals for no legitimate medical

purpose, and often in names of

individuals that he never saw. The

Board found that Dr. Aikens-Afful

would write these prescriptions for

friends and associates who would have

the prescriptions filled, sell the pills,

and then provide Dr. Aikens-Afful with

some of the proceeds from these illegal

sales.

There is no evidence in the record

that Dr. Aikens-Afful’s license to

practice medicine in the State of

Maryland has been reinstated.

Therefore, the Acting Deputy

Administrator finds that since Dr.

Aikens-Afful is not currently authorized

to practice medicine in the State of

Maryland, it is reasonable to infer that

he is not authorized to handle

controlled substances in that state.

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. 21

U.S.C. 802(21), 823(f) and 824(a)(3).

This prerequisite has been consistently

upheld. See Dominick A. Ricci, M.D., 58

FR 51,104 (1993); James H. Nickens,

M.D., 57 FR 59,847 (1992); Roy E.

Hardman, M.D., 57 FR 49,195 (1992).

Here, it is clear that Dr. Aikens-Afful

is not currently authorized to handle

controlled substances in the State of

Maryland, where he is registered with

DEA. Therefore, he is not entitled to

maintain that registration. Because Dr.

Aikens-Afful is not entitled to a DEA

registration in Maryland due to his lack

of state authorization to handle

controlled substances, the Acting

Deputy Administrator concludes that it

is unnecessary to address whether Dr.

Aikens-Afful’s registration should be

revoked based upon the other grounds

asserted in the Order to Show Cause.

Accordingly, the Acting 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, AA2585721, previously

issued to Nathaniel Aikens-Afful, M.D.,

be, and it hereby is, revoked. The Acting

Deputy Administrator further orders

that any pending applications for the

renewal of such registration, be, and

they hereby are, denied. This order is

effective May 8, 1997.

Dated: April 1, 1997.

James S. Milford,

Acting Deputy Administrator.

[FR Doc. 97–8945 Filed 4–7–97; 8:45 am]

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

James D. Okun, M.D.; Revocation of

Registration

On August 6, 1996, the Deputy

Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration (DEA) issued an Order

to Show Cause to James D. Okun, M.D.,

notifying him of an opportunity to show

cause as to why DEA should not revoke

his DEA Certificate of Registration,

BO1821354, and deny any pending

applications for registration pursuant to

21 U.S.C. 823(f) and 824(a)(3), for reason

that he is not currently authorized to

handle controlled substances in the

State of Louisiana, where he is

registered with DEA. The order also

notified Dr. Okun that should no request

for a hearing be filed within 30 days, his

hearing right would be deemed waived.

The DEA mailed the show cause order

to Dr. Okun at his registered address in

Louisiana and at his residence in

California. Subsequently, the DEA

received a signed, but undated, receipt

showing that Dr. Okun received the

order sent to California. Government

counsel asserts that more than 30 days

have passed since the signed return

receipt was received by the DEA. No

request for a hearing or any other reply

was received by the DEA from Dr. Okun

or anyone purporting to represent him

in this matter. Therefore, the Acting

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. Okun is

deemed to have waived his hearing

right. After considering relevant

material from the investigative file in

this matter, the Acting Deputy

Administrator now enters his final order

without a hearing pursuant to 21 CFR

1301.54(e) and 1301.57
16872 Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Notices

The Acting Deputy Administrator

finds that on July 29, 1995, the

Louisiana State Board of Medical

Examiners (Board) issued an Opinion

and Ruling regarding Dr. Okun’s license

to practice medicine. The Board found

that Dr. Okun had entered a plea of nolo

contendere to a charge of assault with a

dangerous weapon—an automobile; had

answered untruthfully a question on his

1992 license renewal application as to

whether he had been charged with a

violation of any statute; and had run an

advertisement in a newspaper which

contained false, fraudulent or

misleading representations. It was the

Board’s opinion that in order to

determine the appropriate sanction

against his medical license, Dr. Okun

should be evaluated by a psychiatrist

and then he should personally appear

before the Board. The Board ordered

that if Dr. Okun did not comply with

these requirements within 60 days of

the Board’s Opinion and Ruling, his

medical license would be suspended

until he does comply. By letter dated

October 27, 1995, the Board advised

DEA that Dr. Okun’s license to practice

medicine was suspended effective

September 27, 1995.

The Acting Deputy Administrator

finds that there is no indication that Dr.

Okun has complied with the Board’s

requirements and therefore, his medical

license remains suspended. The Acting

Deputy Administrator concludes that it

is reasonable to infer that since Dr.

Okun is not currently licensed to

practice medicine in Louisiana, he is

also not authorized to handle controlled

substances in that state.

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. 21

U.S.C. 802(21), 823(f) and 824(a)(3).

This prerequisite has been consistently

upheld. See Dominick A. Ricci, M.D., 58

FR 51,104 (1993); James H. Nickens,

M.D., 57 FR 59,847 (1992); Roy E.

Hardman, M.D., 57 FR 49,195 (1992).

Here, it is clear that Dr. Okun is not

currently authorized to handle

controlled substances in the State of

Louisiana. Consequently, he is not

entitled to a DEA registration in that

state. While it appears that Dr. Okun is

currently living in California, he has not

submitted a request to modify his

registration to that state. Therefore, the

DEA registration issued to him in

Louisiana must be revoked.

Accordingly, the Acting 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, BO1821354, previously

issued to James D. Okun, M.D., be, and

it hereby is, revoked. The Acting Deputy

Administrator further orders that any

pending requests for renewal of such

registration, be, and they hereby are,

denied. This order is effective May 8,

1997.

Dated: April 1, 1997.

James S. Milford,

Acting Deputy Administrator.

[FR Doc. 97–8944 Filed 4–7–97; 8:45 am]

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

Raymond S. Sanders, D.P.M.;

Revocation of Registration

On June 18, 1996, the Deputy

Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration (DEA), issued an Order

to Show Cause to Raymond S. Sanders,

D.P.M., of Sacramento, California,

notifying him of an opportunity to show

cause as to why DEA should not revoke

his DEA Certificate of Registration,

AS8739572, under 21 U.S.C. 824(a)(3)

and 824(a)(4), and deny any pending

applications for registration as a

practitioner pursuant to 21 U.S.C.

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

authorized to handle controlled

substances in the State of California and

his continued registration would be

inconsistent with the public interest.

The order also notified Dr. Sanders that

should no request for a hearing be filed

within 30 days, his hearing right would

be deemed waived.

The DEA received a signed receipt

indicating that the order was received

by Dr. Sanders on July 1, 1996. No

request for a hearing or any other reply

was received by the DEA from Dr.

Sanders or anyone purporting to

represent him in this matter. Therefore,

the Acting 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.

Sanders is deemed to have waived his

hearing right. After considering the

relevant material from the investigative

file in this matter, the Acting Deputy

Administrator now enters his final order

without a hearing pursuant to 21 CFR

1301.54(e) and 1301.57.

The Acting Deputy Administrator

finds that on April 15, 1996, the Office

of Administrative Hearings, State of

California, issued an interim suspension

order suspending Dr. Sanders from

practicing podiatric medicine.

Thereafter, on April 29, 1996, the Board

of Podiatric Medicine for the State of

California (Board) filed an Accusation

charging, in part, that Dr. Sanders

engaged in unprofessional conduct by

prescribing, dispensing or furnishing

dangerous drugs to himself and his wife

without medical indication. The

Accusation proposed the revocation of

Dr. Sanders’ podiatric medicine license.

On June 19, 1996, the Board entered a

Default Decision revoking Dr. Sanders’

podiatric medicine license effective July

19, 1996. The Acting Deputy

Administrator finds that in light of the

fact that Dr. Sanders is not currently

licensed to practice podiatric medicine

in the State of California, it is reasonable

to infer that he is not currently

authorized to handle controlled

substances in that state.

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. 21

U.S.C. 802(21), 823(f) and 824(a)(3).

This prerequisite has been consistently

upheld. See Dominick A. Ricci, M.D., 58

FR 51,104 (1993); James H. Nickens,

M.D., 57 FR 59,847 (1992); Roy E.

Hardman, M.D., 57 FR 49,195 (1992).

Here, it is clear that Dr. Sanders is not

currently authorized to handle

controlled substances in the State of

California. Therefore, Dr. Sanders is not

entitled to a DEA registration. Because

Dr. Sanders is not entitled to a DEA

registration due to his lack of state

authorization to handle controlled

substances, the Acting Deputy

Administrator concludes that it is

unnecessary to address whether Dr.

Sanders’ continued registration would

be inconsistent with the public interest

as alleged in the Order to Show Cause.

Accordingly, the Acting 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, AS8739572, previously

issued to Raymond S. Sanders, D.P.M.,

be, and it hereby is, revoked. The Acting

Deputy Administrator further orders

that any pending applications for

registration, be, and they hereby are,

denied. This order is effective May 8,

1997.