35816 Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Notices

(4) Affected public who will be asked

or required to respond, as well as a brief

abstract: Primary: State and Local

governments. Other: None. This

program is administered under the

authority of 8 U.S.C. 1252(j) to

reimburse States and localities for costs

expended in the incarceration of

undocumented criminal aliens. The

Application Form will be completed by

each eligible State and local applicant

and will provide information regarding

eligible inmate population and

incarceration costs for verification and

award processing.

(5) An estimate of the total number of

respondents and the amount of time

estimated for an average respondent to

respond: 3500 responses at 60 minutes.

(6) An estimate of the total public

burden (in hours) associated with the

collection: 3,500 annual burden hours.

If additional information is required

contact: Mr. Robert B. Briggs, Clearance

Officer, United States Department of

Justice, Information Management and

Security Staff, Justice Management

Division, Suite 850, Washington Center,

1001 G Street, NW, Washington, DC

20530.

Dated: July 1, 1996.

Robert B. Briggs,

Department Clearance Officer, United States

Department of Justice.

[FR Doc. 96–17195 Filed 7–5–96; 8:45 am]

BILLING CODE 4410–18–M

Drug Enforcement Administration

[Docket No. 95–40]

Rita M. Coleman, M.D. Revocation of

Registration

On May 26, 1995, the Deputy

Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration (DEA), issued an Order

to Show Cause to Rita M. Coleman,

M.D., (Respondent), of Baldwin,

Maryland, notifying her of an

opportunity to show cause as to why

DEA should not revoke her DEA

Certificate of Registration, AC9351026,

under 21 U.S.C. 824(a)(3) and deny any

pending applications for renewal of her

registration as a practitioner under 21

U.S.C. 823(f), for the reason that, on or

about August 24, 1994, the Maryland

Board of Physician Quality Assurance

(Medical Board) ordered the revocation

of her state license to practice medicine.

Further, the Show Cause Order noted

that, in response to having her medical

license revoked, the Maryland State

Department of Health and Mental

Hygiene revoked the Respondent’s state

controlled substances registration.

Therefore, the Respondent was not

authorized to handle controlled

substances in the State of Maryland.

On June 14, 1995, the Respondent

filed a response to the Order to Show

Cause, presenting matters in rebuttal to

the show cause allegations, but failing to

either request or to waive her hearing

right. On June 19, 1995, a letter was sent

from the Office of the Administrative

Law Judges, informing the Respondent

that she had until July 17, 1995, to elect

a hearing. By letter dated July 3, 1995,

the Respondent wrote that she did not

wish to waive her rights to an

administrative hearing, but she also

noted that she was not in a position to

attend such a hearing. The Respondent

also asked that her June letter be

considered a written statement of her

position in the matter. In response to the

Respondent’s July letter, Administrative

Law Judge Mary Ellen Bittner issued an

order dated August 18, 1995, in which

she (1) noted the Respondent’s

conflicting positions, and (2)

determined that the Respondent

effectively had provided notice that she

would not appear at an administrative

hearing. Judge Bittner, citing 21 C.F.R.

1301.54(c) and (d), wrote that ‘‘a person

who waives a hearing may file a

statement of position[,] and that a

person who requests a hearing but fails

to appear may be deemed to have

waived the opportunity for a hearing.

Consequently, although [the]

Respondent asserts that she does not

wish to waive her right to a hearing, I

deem her statement that she will not

appear, in conjunction with her request

that her June 11 letter be considered her

statement of position, such a waiver.’’

Accordingly, Judge Bittner ordered

that (1) all proceedings before her in the

Respondent’s case be terminated, and

(2) the matter be submitted to the

Deputy Administrator for issuance of a

final order. On January 23, 1996, the

case was transmitted to the Deputy

Administrator for his action.

Therefore, the Deputy Administrator,

after reviewing the procedural matters

in this case, agrees with Judge Bittner

and concludes that the Respondent is

deemed to have waived her hearing

right. Accordingly, after considering the

materials submitted, the Deputy

Administrator now enters his final order

in this matter without a hearing,

pursuant to 21 CFR 1301.54(e) and

1301.57.

The Deputy Administrator finds that,

on August 24, 1994, after holding an

administrative hearing, the Medical

Board revoked the Respondent’s license

to practice medicine in the State of

Maryland. Subsequently, the Division of

Drug Control, Maryland State

Department of Health and Mental

Hygiene, voided the Respondent’s State

of Maryland Controlled Dangerous

Substance Registration Certificate. Thus,

the Respondent is not authorized to

practice medicine or to prescribe,

administer, or dispense controlled

substances in the State of Maryland.

Further, in her letter filed June 14, 1995,

the Respondent has not challenged the

authenticity of the Medical Board’s

revocation order or the order revoking

her registration to handle controlled

substances. The Respondent has not

submitted any evidence contesting the

act that her medical license and

controlled substances certificate have

been revoked.

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 she conducts her 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);

Myong S. Yi, M.D., 54 FR 30,618 (1989);

Bobby Watts, M.D., 53 FR 11,919 (1988).

Here, it is clear that the Respondent is

neither currently authorized to practice

medicine nor to dispense controlled

substances in the State of Maryland.

Therefore, the Respondent currently is

not entitled to a DEA registration.

Accordingly, the 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, AC9351026 previously

issued to Rita M. Coleman, M.D., be,

and it hereby is, revoked. The Deputy

Administrator further orders that any

pending applications for the renewal of

such registration be, and they hereby

are, denied. This order is effective

August 7, 1996.

Dated: July 1, 1996.

Stephen H. Greene,

Deputy Administrator.

[FR Doc. 96–17255 Filed 7–5–96; 8:45 am]

BILLING CODE 4410–09–M