Federal Register / Vol. 90, No. 25 / Friday, February 7, 2025 / Notices 9169 

1According to Agency records, Registrant’s 

registration expired on August 31, 2024. The fact 

that a registrant allows his registration to expire 

during the pendency of an OSC does not impact the 

Agency’s jurisdiction or prerogative under the 

Controlled Substances Act (CSA) to adjudicate the 

OSC to finality. Jeffrey D. Olsen, M.D., 84 FR 68474, 

68476–79 (2019). 

2Based on the Government’s submissions in its 

RFAA dated July 18, 2024, the Agency finds that 

service of the OSC on Registrant was adequate. 

Specifically, the included Declaration from a DEA 

Diversion Investigator (DI) indicates that on May 26, 

2023, Registrant was personally served a copy of the 

OSC at the Arapahoe County Detention Center in 

Centennial, Colorado, where Registrant remained 

incarcerated. RFAAX 3, at 2. 

3Under 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 the DEA Office of 

the Administrator, Drug Enforcement 

Administration at dea.addo.attorneys@dea.gov. 

4This rule derives from the text of two provisions 

of the 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 

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, M.D., 76 FR 71371–72; Sheran 

Arden Yeates, M.D., 71 FR 39130, 39131 (2006); 

Dominick A. Ricci, M.D., 58 FR 51104, 51105 

(1993); Bobby Watts, M.D., 53 FR 11919, 11920 

(1988); Frederick Marsh Blanton, M.D., 43 FR 

27617. 

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 Herold Pierre-Louis, 

P.A., to renew or modify this 

registration, as well as any other 

pending application of Herold PierreLouis, P.A., for additional registration in 

Arizona. This Order is effective March 

10, 2025. 

Signing Authority 

This document of the Drug 

Enforcement Administration was signed 

on January 31, 2025, by Acting 

Administrator Derek Maltz. 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. 2025–02339 Filed 2–6–25; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

James T. Craig, D.D.S.; Decision and 

Order 

On May 24, 2023, the Drug 

Enforcement Administration (DEA or 

Government) issued an Order to Show 

Cause (OSC) to James T. Craig, D.D.S., 

of Aurora, Colorado (Registrant). 

Request for Final Agency Action 

(RFAA), Exhibit (RFAAX) 2, at 1, 3. The 

OSC proposed the revocation of 

Registrant’s Certificate of Registration 

No. FC0032348, alleging that 

Registrant’s registration should be 

revoked because Registrant is ‘‘currently 

without authority to prescribe, 

administer, dispense, or otherwise 

handle controlled substances in 

Colorado, the state in which [he is] 

registered with DEA.’’ Id. at 2 (citing 21 

U.S.C. 824(a)(3)).1

The OSC notified Registrant of his 

right to file 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 2.2 ‘‘A default, unless 

excused, shall be deemed to constitute 

a waiver of the registrant’s/applicant’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(c), 

(f), 1301.46. RFAA, at 3; 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, on March 23, 

2023, Registrant’s Colorado dental 

license was suspended. RFAAX 2, at 1– 

2. According to Colorado online records, 

of which the Agency takes official 

notice, Registrant’s Colorado dentist 

license is revoked.3 Colorado Division 

of Professions and Occupations License 

Search, https://apps2.colorado.gov/ 

dora/licensing/lookup/licenselookup.

aspx (last visited date of signature of 

this Order). 

Accordingly, the Agency finds that 

Registrant is not licensed to practice as 

a dentist in Colorado, 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. Gonzales v. 

Oregon, 546 U.S. 243, 270 (2006) (‘‘The 

Attorney General can register a 

physician to dispense controlled 

substances ‘if the applicant is 

authorized to dispense . . . controlled 

substances under the laws of the State 

in which he practices.’ . . . The very 

definition of a ‘practitioner’ eligible to 

prescribe includes physicians ‘licensed, 

registered, or otherwise permitted, by 

the United States or the jurisdiction in 

which he practices’ to dispense 

controlled substances. § 802(21).’’). The 

Agency has applied these principles 

consistently. See, e.g., James L. Hooper, 

M.D., 76 FR 71371, 71372 (2011), pet. 

for rev. denied, 481 F. App’x 826 (4th 

Cir. 2012); Frederick Marsh Blanton, 

M.D., 43 FR 27616, 27617 (1978).4

According to Colorado statute, 

‘‘dispense’’ means ‘‘to deliver a 

controlled substance to an ultimate user, 


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9170 Federal Register / Vol. 90, No. 25 / Friday, February 7, 2025 / Notices 

patient, or research subject by or 

pursuant to the lawful order of a 

practitioner, including the prescribing, 

administering, packaging, labeling, or 

compounding necessary to prepare the 

substance for that delivery.’’ Colo. Rev. 

Stat. section 18–18–102(9) (2024). 

Further, a ‘‘practitioner’’ means a 

‘‘physician . . . or other person 

licensed, registered, or otherwise 

permitted, by this state, to distribute, 

dispense, conduct research with respect 

to, administer, or to use in teaching or 

chemical analysis, a controlled 

substance in the course of professional 

practice or research.’’ Id. section 18–18– 

102(29). 

Here, the undisputed evidence in the 

record is that Registrant lacks authority 

to practice as a dentist in Colorado. As 

discussed above an individual must be 

a licensed practitioner to dispense a 

controlled substance in Colorado. Thus, 

because Registrant lacks authority to 

practice as a dentist in Colorado and, 

therefore, is not authorized to handle 

controlled substances in Colorado, 

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. FC0032348, issued to 

James T. Craig, D.D.S. 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 James T. Craig, D.D.S., to renew or 

modify this registration, as well as any 

other pending application of James T. 

Craig, D.D.S., for additional registration 

in Colorado. This Order is effective 

March 10, 2025. 

Signing Authority 

This document of the Drug 

Enforcement Administration was signed 

on January 31, 2025, by Acting 

Administrator Derek Maltz. 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. 2025–02341 Filed 2–6–25; 8:45 am] 

BILLING CODE 4410–09–P 

NATIONAL SCIENCE FOUNDATION 

Sunshine Act Meetings 

The National Science Board’s 

Committee on Awards and Facilities 

(A&F) hereby gives notice of the 

scheduling of meetings for the 

transaction of National Science Board 

business pursuant to the National 

Science Foundation Act and the 

Government in the Sunshine Act. 

TIME AND DATE: The A&F meeting will be 

held on Monday, February 10, 2025. 

The open session will be from 2:30 

p.m.–3:00 p.m. The closed session will 

be from 3:00 p.m.–5:00 p.m. 

PLACE: The meetings will be held at NSF 

headquarters, 2145 Eisenhower Ave., 

Alexandria, VA 22314, and by 

videoconference. 

STATUS: One session is open, and one 

session is closed. 

MATTERS TO BE CONSIDERED: 

A&F open session agenda: Opening 

Remarks; Information Item: Summit 

Station Recapitalization. 

A&F closed session agenda: Opening 

Remarks regarding the agenda; 

Discussion and Vote: National Radio 

Astronomy Observatory Operations and 

Maintenance Award Authorization 

Level Increase; Context Item: Mid-scale 

Research Infrastructure Program Track 

2; Context Item: National Geophysical 

Facility. 

CONTACT PERSON FOR MORE INFORMATION: 

Point of contact for this meeting is: 

Michelle McCrackin, mmccrack@

nsf.gov, (703) 292–7000. Members of the 

public can observe the public portion of 

this meeting through a YouTube 

livestream: https://youtube.com/live/

45FMoMrZar8?feature=share. 

Ann E. Bushmiller, 

Senior Legal Counsel to the National Science 

Board. 

[FR Doc. 2025–02403 Filed 2–5–25; 11:15 am] 

BILLING CODE 7555–01–P 

NEIGHBORHOOD REINVESTMENT 

CORPORATION 

Sunshine Act Meetings 

TIME AND DATE: 2:00 p.m., Thursday, 

February 18, 2025. 

PLACE: via ZOOM. 

STATUS: Parts of this meeting will be 

open to the public. The rest of the 

meeting will be closed to the public. 

MATTERS TO BE CONSIDERED: Regular 

Board of Directors meeting. 

The General Counsel of the 

Corporation has certified that in her 

opinion, one or more of the exemptions 

set forth in the Government in the 

Sunshine Act, 5 U.S.C. 552b(c)(2) 

permit closure of the following 

portion(s) of this meeting: 

• Executive (Closed) Session 

Agenda 

I. Call to Order 

II. Sunshine Act Approval of Executive 

(Closed) Session 

III. Executive Session: CEO Report 

IV. Executive Session: CFO Report 

V. Executive Session: General Counsel 

Report 

VI. Executive Session: CIO Report 

VII. Action Item: Approval of Meeting 

Minutes for December 19 Regular 

Board Meeting 

VIII. Action Item: Resolution of 

Recognition of Service for Former 

FDIC Chairman Gruenberg 

IX. Action Item: Resolution of 

Recognition of Service for Former 

Acting HUD Secretary Todman 

X. Discussion Item: National 

NeighborWorks Association 

Presentation 

XI. Discussion Item: Capital 

Corporations Presentation 

XII. Discussion Item: Health Insurance 

Delegation of Authority 

XIII. Discussion Item: Professional 

Learning and Event Planning 

Management System (PLEMS) 

XIV. Discussion Item: Management 

Program Background and Updates 

a. 2025 Board Calendar 

b. 2025 Board Agenda Planner 

c. CFO Report 

i. Financials (through 11/30/24) 

ii. Single Invoice Approvals $100K 

and over 

iii. Vendor Payments $350K and over 

iv. Exceptions 

d. Housing Stability Counseling 

Program (HSCP) 

e. Strategic Plan Scorecard—FY24 Q4 

(With Q4 Production) 

PORTIONS OPEN TO THE PUBLIC: 

Everything except the Executive 

(Closed) Session. 

PORTIONS CLOSED TO THE PUBLIC: 

Executive (Closed) Session. 

CONTACT PERSON FOR MORE INFORMATION: 

Jenna Sylvester, Paralegal, (202) 568– 

2560; jsylvester@nw.org. 

Jenna Sylvester, 

Paralegal. 

[FR Doc. 2025–02391 Filed 2–5–25; 11:15 am] 

BILLING CODE 7570–01–P 


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