30860 Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Notices 

1The Order also informed Respondent of his right 

to request a hearing on the allegations and the 

procedure for doing so, including that he must file 

a written request for a hearing ‘‘[w]ithin 30 days 

after the date of receipt of’’ the Order, Show Cause 

Order at 2, that ‘‘[m]atters are deemed filed upon 

receipt by the Hearing Clerk,’’ id. at 3 (citing 21 CFR 

1316.45), and that should he ‘‘decline to file a 

request for a hearing’’ he ‘‘shall be deemed to have 

waived the right to a hearing.’’ Id. (citing 21 CFR 

1301.43(d) & (e)). 

SUPPLEMENTARY INFORMATION: The 

Public Safety Officer Medal of Valor 

Review Board carries out those advisory 

functions specified in 42 U.S.C. 15202. 

Pursuant to 42 U.S.C. 15201, the 

President of the United States is 

authorized to award the Public Safety 

Officer Medal of Valor, the highest 

national award for valor by a public 

safety officer. 

The purpose of this meeting/ 

conference call is vote on the position 

of Board Chairperson, review issues 

relevant to the nomination review 

process, pending ceremonies and 

upcoming activities and other relevant 

Board issues related thereto. 

This meeting/conference call is open 

to the public at the offices of the Bureau 

of Justice Assistance. For security 

purposes, members of the public who 

wish to participate must register at least 

seven (7) days in advance of the 

meeting/conference call by contacting 

Mr. Joy. All interested participants will 

be required to meet at the Bureau of 

Justice Assistance, Office of Justice 

Programs; 810 7th Street, NW., 

Washington, DC and will be required to 

sign in at the front desk. Note: Photo 

identification will be required for 

admission. Additional identification 

documents may be required. 

Access to the meeting/conference call 

will not be allowed without prior 

registration. Anyone requiring special 

accommodations should contact Mr. Joy 

at least seven (7) days in advance of the 

meeting. Please submit any comments 

or written statements for consideration 

by the Review Board in writing at least 

seven (7) days in advance of the meeting 

date. 

James H. Burch, II, 

Acting Director, Bureau of Justice Assistance. 

[FR Doc. 2010–13162 Filed 6–1–10; 8:45 am] 

BILLING CODE 4410–18–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

[Docket No. 10–14] 

Shepard Ginandes, M.D.; Revocation 

of Registration 

On September 28, 2009, I, the Deputy 

Administrator of the Drug Enforcement 

Administration, issued an Order to 

Show Cause and Immediate Suspension 

of Registration to Shepard Ginandes, 

M.D. (Respondent), of Honolulu, 

Hawaii. The Show Cause Order 

proposed the revocation of 

Respondent’s DEA Certificate of 

Registration, BG0241024, and the denial 

of any pending applications to renew or 

modify his registration, on the ground 

that his ‘‘continued registrations is 

inconsistent with the public interest.’’ 

Show Cause Order at 1 (citing 21 U.S.C. 

824(a)(4) & 823(f)). 

The Show Cause Order specifically 

alleged that on twenty-four different 

occasions between March 2007 and 

January 2009, Respondent had given 

prescriptions to law enforcement 

personnel for schedule II controlled 

substances including methadone, 

morphine, oxycodone, and 

hydromorphone, the schedule III 

controlled substance hydrocodone, and 

the schedule IV controlled substances 

alprazolam and diazepam. Id. at 1–2. 

The Order further alleged that 

Respondent’s office did not have any 

exam rooms and medical equipment; 

that he did not take a medical history or 

require the officers to fill out any 

paperwork; did not conduct a physical 

examination; and that the officers would 

simply write their name, address and 

the drug they were seeking on a piece 

of paper which Respondent would take 

and then use to prepare a prescription. 

Id. at 2. The Order thus alleged that 

these prescriptions lacked a legitimate 

medical purpose and were issued in 

violation of 21 CFR 1306.04. Id. The 

Order further alleged that Respondent 

was continuing to prescribe controlled 

substances without a legitimate medical 

purpose. Id. 

Based on the above, I further found 

that there was a substantial likelihood 

that Respondent ‘‘will continue to write 

controlled substance prescriptions for 

other than a legitimate medical 

purpose.’’ Id. I therefore concluded that 

Respondent’s continued registration 

during the pendency of the proceeding 

‘‘would constitute an imminent danger 

to the public health and safety’’ and 

ordered that his registration be 

immediately suspended. Id.1

On September 30, 2009, the Order 

was served on Respondent. On 

November 3, 2009, Respondent, through 

his counsel, filed a letter requesting a 

hearing. ALJ Dec. at 2. Therein, 

Respondent also sought ‘‘a reversal of 

the proposed suspension.’’ Id. The 

matter was then placed on the docket of 

the Agency’s Administrative Law 

Judges. 

The next day, the Government moved 

for summary disposition on the ground 

that on September 30, 2009, the State of 

Hawaii had ‘‘suspended/revoked’’ 

Respondent’s state controlled 

substances registration and that 

‘‘Respondent is no longer authorized to 

administer, prescribe, dispense or 

possess controlled substances.’’ Gov. 

Mot. for Summ. Disp. at 1. Based on 

long-standing precedent which holds 

that ‘‘possessing authority under state 

law to handle controlled substance is an 

essential condition for holding a DEA 

registration,’’ the Government requested 

that the ALJ grant its motion, cancel the 

pending proceeding and forward the 

matter to me with the recommendation 

that I revoke Respondent’s registration 

and deny any pending applications. Id. 

at 2–3. Noting that Respondent’s hearing 

request was not received until 

November 3, 2009, and was therefore 

untimely, the Government also argued 

that Respondent had waived his right to 

a hearing. Id. n.1. 

Thereafter, the ALJ ordered that 

Respondent file a Response to the 

Government’s Motion no later than 

November 12, 2009. ALJ Dec. at 3. The 

ALJ also stayed the proceeding. Id. 

Respondent did not, however, file a 

Response. Id. Thereafter, the ALJ found 

that ‘‘Respondent’s lacks authority to 

handle controlled substance in the State 

of Hawaii,’’ the State in which he is 

licensed to practice medicine. Id. 

Because holding authority under state 

law to handle controlled substances is 

an essential condition for holding a DEA 

registration, the ALJ granted the 

Government’s Motion for Summary 

Disposition and recommended that his 

registration be revoked and his pending 

application be denied. Id. at 4–6. 

The ALJ then forwarded the matter to 

me for final agency action. Having 

considered the record as a whole, I find 

that under the Agency’s regulation, 

Respondent’s request for a hearing was 

untimely and that he has not offered 

good cause for his failure to file a timely 

request. 21 CFR 1301.43(d). I therefore 

find that Respondent waived his right to 

contest the proceeding. Id. (1301.43(e)). 

I further find that on September 4, 

2009, Respondent applied to renew his 

registration, which was to expire on 

September 30, 2009. I therefore find that 

Respondent’s registration has remained 

in effect, albeit in suspended status, 

pending the issuance of this Decision 

and Final Order. See 5 U.S.C. 557(c). 

I further find that on September 30, 

2009, the Administrator of the Narcotics 

Enforcement Division, Department of 

Public Safety, State of Hawaii, 

‘‘suspended/revoked’’ Respondent’s 

State of Hawaii Controlled Substance 


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Notices 30861 

Registration. Gov. Mot. for Summ. Disp., 

Ex. A (letter from Keith Kamita, 

Administrator, Narcotics Enforcement 

Division, Hawaii Dept. of Public Safety 

to Shepard Ginandes, M.D.) Based on 

Administrator Kamita’s letter, I further 

find that Respondent is ‘‘no longer 

authorized to administer, prescribe, 

dispense or posses any controlled 

substance’’ in Hawaii. Id. 

Under the Controlled Substances Act 

(CSA), a practitioner must be currently 

authorized to handle controlled 

substances in ‘‘the jurisdiction in which 

he practices’’ in order to maintain a DEA 

registration. See 21 U.S.C. 802(21) 

(‘‘[t]he term ‘practitioner’ means a 

physician * * * 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’’). See 

also id. § 823(f) (‘‘The Attorney General 

shall register practitioners * * * if the 

applicant is authorized to dispense 

* * * controlled substances under the 

laws of the State in which he 

practices.’’). As these provisions make 

plain, possessing authority under state 

law to handle controlled substances is 

an essential condition for holding a DEA 

registration. 

Accordingly, DEA has held repeatedly 

that the CSA requires the revocation of 

a registration issued to a practitioner 

whose state license has been suspended 

or revoked. David Wang, 72 FR 54297, 

54298 (2007); Sheran Arden Yeates, 71 

FR 39130, 39131 (2006); Dominick A. 

Ricci, 58 FR 51104, 51105 (1993); Bobby 

Watts, 53 FR 11919, 11920 (1988). See 

also 21 U.S.C. 824(a)(3)(authorizing the 

revocation of a registration ‘‘upon a 

finding that the registrant * * * has had 

his State license or registration 

suspended [or] revoked * * * and is no 

longer authorized by State law to engage 

in the * * * distribution [or] dispensing 

of controlled substances’’). 

The record here establishes that the 

Respondent’s State of Hawaii Controlled 

Substances Registration has been 

suspended/revoked by the 

Administrator of the Narcotics 

Enforcement Division, Department of 

Public Safety, State of Hawaii. As the 

Administrator’s letter makes clear, 

Respondent is ‘‘no longer authorized to 

administer, prescribe, dispense or 

posses any controlled substance’’ under 

Hawaii law and thus, he no longer 

meets the requirement for obtaining and 

maintaining a registration under Federal 

law. Because Respondent is not entitled 

to maintain his DEA registration, his 

registration will be revoked and his 

pending application to renew his 

registration will be denied. 

Order 

Pursuant to the authority vested in me 

by 21 U.S.C. 823(f) & 824(a), as well as 

28 CFR 0.100(b) & 0.104, I hereby order 

that DEA Certificate of Registration, 

BG0241024, issued to Shepard 

Ginandes, M.D., be, and it hereby is, 

revoked. I further order that the pending 

application to renew this registration be, 

and it hereby is, denied. This order is 

effective immediately. 

Dated: February 25, 2010. 

Michele M. Leonhart, 

Deputy Administrator. 

[FR Doc. 2010–13144 Filed 6–1–10; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF LABOR 

Wage and Hour Division 

Proposed Extension of the Approval of 

Information Collection Requirements 

AGENCY: Wage and Hour Division, 

Labor. 

ACTION: Notice. 

SUMMARY: The Department of Labor, as 

part of its continuing effort to reduce 

paperwork and respondent burden, 

conducts a preclearance consultation 

program to provide the general public 

and Federal agencies with an 

opportunity to comment on proposed 

and/or continuing collections of 

information in accordance with the 

Paperwork Reduction Act of 1995 

(PRA95). 44 U.S.C. 3506(c)(2)(A). This 

program helps to ensure that requested 

data can be provided in the desired 

format, reporting burden (time and 

financial resources) is minimized, 

collection instruments are clearly 

understood, and the impact of collection 

requirements on respondents can be 

properly assessed. Currently, the Wage 

and Hour Division is soliciting 

comments concerning its proposal to 

extend Office of Management and 

Budget (OMB) approval of the 

Information Collection: Special 

Employment Under the Fair Labor 

Standards Act (Forms WH–2, WH–46, 

WH–75, WH–200, WH–201, WH–202, 

WH–205, and WH–209). A copy of the 

proposed information collection request 

can be obtained by contacting the office 

listed below in the FOR FURTHER

INFORMATION CONTACT section of this 

Notice. 

DATES: Written comments must be 

submitted to the office listed in the 

ADDRESSES section below on or before 

August 2, 2010. 

ADDRESSES: You may submit comments 

identified by Control Number 1235– 

0001, by either one of the following 

methods: 

E-mail: WHDPRAComments@dol.gov; 

Mail, Hand Delivery, Courier: 

Regulatory Analysis Branch, Wage and 

Hour Division, U.S. Department of 

Labor, Room S–3502, 200 Constitution 

Avenue, NW., Washington, DC 20210. 

Instructions: Please submit one copy 

of your comments by only one method. 

All submissions received must include 

the agency name and Control Number 

identified above for this information 

collection. Because we continue to 

experience delays in receiving mail in 

the Washington, DC area, commenters 

are strongly encouraged to transmit their 

comments electronically via e-mail or to 

submit them by mail early. Comments, 

including any personal information 

provided, become a matter of public 

record. They will also be summarized 

and/or included in the request for OMB 

approval of the information collection 

request. 

FOR FURTHER INFORMATION CONTACT: 

Michel Smyth, Acting Director, Division 

of Interpretations and Regulatory 

Analysis, Wage and Hour Division, U.S. 

Department of Labor, Room S–3502, 200 

Constitution Avenue, NW., Washington, 

DC 20210; telephone: (202) 693–0406 

(this is not a toll-free number). Copies 

of this notice must be obtained in 

alternative formats (Large Print, Braille, 

Audio Tape or Disc), upon request, by 

calling (202) 693–0023 (not a toll-free 

number). TTY/TDD callers may dial 

toll-free (877) 889–5627 to obtain 

information or request materials in 

alternative formats. 

SUPPLEMENTARY INFORMATION: 

I. Background: Fair Labor Standards 

Act (FLSA) section 11(d) authorizes the 

Secretary of Labor to regulate, restrict, 

or prohibit industrial homework as 

necessary to prevent circumvention or 

evasion of the minimum wage 

requirements of the Act. 29 U.S.C. 

211(d). The Department of Labor (DOL) 

restricts homework in seven industries 

(i.e., knitted outerwear, women’s 

apparel, jewelry manufacturing, gloves 

and mittens, button and buckle 

manufacturing, handkerchief 

manufacturing, and embroideries) to 

those employers who obtain certificates. 

See 29 CFR 530.1–.2. The DOL may also 

issue individual certificates in any 

industry for an individual homeworker 

who is unable to leave home because of 

a disability or must remain at home to 

care for an invalid. See 29 CFR 

530.3–.4. The DOL allows employers to 

obtain general (employer) certificates to 

employ homeworkers in all restricted 

industries, except women’s apparel and 

hazardous jewelry manufacturing 


sroberts on DSKD5P82C1PROD with NOTICES