Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Notices 16163

Office of Management and Budget,

Washington, DC 20503, and to Mr.

Robert B. Briggs, Department of Justice

Clearance Officer, Systems Policy Staff/

Information Resources Management/

Justice Management Division Suite 850,

WCTR, Washington, DC 20530.

New Collection

(1) Certification of Compliance with

the Statutory Eligibility Requirements of

the Violence Against Women Act.

(2) Violence Against Women Program

Office, United States Department of

Justice.

(3) Primary = State, Local or Tribal

Government, Others = None. The Crime

Act of 1994 enacted the Violence

Against Women Program. This program

awards grant money to the states,

territories, and Indian tribal

governments to combat violence against

women. The actual legislation dictates

that in order to receive federal monies,

these grantees must certify that rape

exams will be paid for by some entity

other than the victim, and the victim

will also not incur the cost of filing fees

for criminal charges.

(4) 54 annual respondents at .15 hours

per response.

(5) 13.5 annual burden hours.

(6) Not applicable under Section

3504(h) of Public Law 96–511.

Public comment on this item is

encouraged.

Dated: March 23, 1995.

Robert B. Briggs,

Department Clearance Officer, Department of

Justice.

[FR Doc. 95–7686 Filed 3–28–95; 8:45 am]

BILLING CODE 4410–21–M

Drug Enforcement Administration

[Docket No. 94–70]

Zack B. Brown, M.D.; Denial of

Application

On February 25, 1994, the Deputy

Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration (DEA), issued an Order

to Show Cause to Zack B. Brown, M.D.

(Respondent) of Detroit, Michigan,

proposing to deny his application for

registration as a practitioner. The

statutory basis for the Order to Show

Cause was the Respondent’s registration

would be inconsistent with the public

interest pursuant to 21 U.S.C. 823(f).

Respondent, through counsel,

requested a hearing on the issues raised

in the Order to Show Cause and the

matter was docketed before

Administrative Law Judge Mary Ellen

Bittner.

On September 30, 1994, following

prehearing procedures and prior to any

evidentiary hearing, the Government

filed a motion for summary disposition

alleging that Respondent no longer held

state authorization to handle controlled

substances following the suspension of

Respondent’s license to practice

medicine in Michigan by the Michigan

Board of Medicine. Respondent did not

file a response to the Government’s

motion and did not deny that his state

license to handle controlled substances

had been suspended.

On October 17, 1994, the

administrative law judge entered her

Opinion and Recommended Decision

granting the Government’s motion for

summary disposition and

recommending that the Respondent’s

application for DEA Certificate of

Registration be denied. No exceptions

were filed by either party.

On November 21, 1995, the

administrative law judge transmitted the

record to the Deputy Administrator.

After a careful consideration of the

record in its entirely, the Deputy

Administrator enters his final order in

this matter pursuant to 21 CFR 1316.67,

based on findings of fact and

conclusions of law as set forth herein.

On August 17, 1994, the Michigan

Board of Medicine summarily

suspended the Respondent’s state

license to practice medicine. On

September 26, 1994, an Order

Continuing the Summary Suspension of

August 17 was issued by the Michigan

Office of Legal Services (Department of

Commerce). Judge Bittner found that, by

virtue of the suspension of Respondent’s

license to practice medicine in

Michigan, it was reasonable to infer, and

Respondent did not deny, that because

he is not authorized to practice

medicine in Michigan, he also is not

authorized to handle controlled

substances within that state. Judge

Bittner concluded that DEA has no

authority to register a practitioner,

unless that practitioner is authorized by

the state to dispense controlled

substances. The DEA has consistently

held this position. See Bobby Watts,

M.D., 53 FR 11919 (1988); Lawrence R.

Alexander, M.D., 57 FR 22256 (1992).

In cases such as the present, where a

Respondent is not authorized to handle

controlled substances in the state in

which he proposes to practice, a motion

for summary disposition is properly

entertained. It is well settled that where

no question of fact exists, or where the

material facts are agreed, a plenary

administrative proceeding is not

required. See Phillip E. Kirk, M.D., 48

FR 32877 (1983), aff’d sub nom Kirk v.

Mullen, 749 F.2d 297 (6th Cir. 1984).

Congress did not intend for

administrative agencies to conduct

hearings where no issues remain in

dispute. United States v. Consolidated

Mines and Smelting Company, Ltd., 445

F.2d 432, 453 (9th Cir. 1971); N.L.R.B.

v. International Association of Bridge,

Structural and Ornamental Ironworkers,

AFL–CIO, 549 F.2d 634 (9th Cir. 1977).

The Deputy Administrator adopts the

opinion and recommended decision of

the administrative law judge in its

entirety. Based on the foregoing, the

Deputy Administrator concludes that

Respondent’s application for

registration must be denied. 21 U.S.C.

823(f) and 824(a)(3). Accordingly, the

Deputy Administrator of the Drug

Enforcement Administration, pursuant

to the authority invested in him by 21

U.S.C. 823 and 824, and 28 CFR 0.100(b)

and 0.104, hereby orders that the

application for registration of Zack B.

Brown be, and hereby is, denied. This

order is effective April 28, 1995.

Dated: March 23, 1995.

Stephen H. Greene,

Deputy Administrator.

[FR Doc. 95–7642 Filed 3–28–95; 8:45 am]

BILLING CODE 4410–09–M

Immigration and Naturalization Service

[INS No. 1689–95; AG Order No. 1959–95]

RIN 1115–AC30

Extension of Designation of Liberia

Under Temporary Protected Status

Program

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Notice.

SUMMARY: This notice extends, until

March 28, 1996, the Attorney General’s

designation of Liberia under the

Temporary Protected Status program

provided for in section 244A of the

Immigration and Nationality Act, as

amended (‘‘the Act’’). Accordingly,

eligible aliens who are nationals of

Liberia, or who have no nationality and

who last habitually resided in Liberia,

may re-register for Temporary Protected

Status and extension of employment

authorization. This re-registration is

limited to persons who already

registered for the initial period of

Temporary Protected Status, which

ended on March 27, 1992. In addition

during the extension period, some

aliens may be eligible for late initial

registration pursuant to 8 CFR

240.2(f)(2).

EFFECTIVE DATES: This extension of

designation is effective on March 29,