[Federal Register Volume 59, Number 78 (Friday, April 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9706]


[[Page Unknown]]

[Federal Register: April 22, 1994]


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DEPARTMENT OF JUSTICE
[Docket No. 93-66]

 

Felix L. Oliver, M.D.; Revocation of Registration

    On June 15, 1993, the Deputy Assistant Administrator, (then-
Director), Office of Diversion Control, Drug Enforcement Administration 
(DEA), issued an Order to Show Cause to Felix L. Oliver, M.D. 
(Respondent), of 543 Lake Tower Drive, No. 119, Lexington, Kentucky 
40502. The Order to Show Cause proposed to revoke Dr. Oliver's DEA 
Certificate of Registration, AO1475993, and deny any pending 
applications for renewal of such registration. The Order to Show Cause 
alleged that Respondent was not currently authorized to handle 
controlled substances in Kentucky and that Respondent's continued 
registration would be inconsistent with the public interest, as that 
term is used in 21 U.S.C. 823(f) and 824(a)(4).
    The Order to Show Cause alleged that on or about June 1, 1992, the 
Commonwealth of Kentucky State Board of Medical Licensure (Board) 
ordered the indefinite suspension of Respondent's state license to 
practice medicine, and as a result, he was longer authorized by state 
law to handle controlled substances. It further alleged that between 
May 1990 and February 1991, Respondent prescribed, dispensed, 
administered and obtained controlled substances for his personal use 
and/or the use of his family for no legitimate medical purpose.
    Respondent filed a request for a hearing on the issues raised by 
the Order to Show Cause, and the matter was docketed before 
Administrative Law Judge Mary Ellen Bittner. On August 19, 1993, the 
Government filed a motion for summary disposition, which was 
accompanied by a Board Order of Probation dated November 19, 1992. The 
Board order superseded the Board's June 1, 1992 order of suspension, 
and placed Respondent's license to practice medicine on probation until 
June 1, 1997, subject to terms and conditions. The Board ordered that 
Respondent shall not prescribe, dispense, administer or otherwise 
professionally utilize any controlled substances during the 
probationary period. As a result, the Government contended that 
Respondent is not authorized to handle controlled substances in the 
Commonwealth of Kentucky.
    On September 16, 1993, Respondent filed a response to the 
Government's motion, asserting, in substance, that the basis of the 
action taken by the Board is without any factual basis or merit and was 
imposed illegally. Respondent further asserted that his appeal of the 
Board's order before the Kentucky Court of Appeals is pending, and 
therefore, the Board's action is not final.
    On September 22, 1993, in her opinion and recommended decision, the 
administrative law judge found that the Respondent did not deny that he 
currently lacks authority from the Commonwealth of Kentucky to handle 
controlled substances. The administrative law judge therefore, granted 
the Government's motion for summary disposition and recommended that 
Respondent's DEA Certificate of Registration be revoked.
    On November 5, 1993, the administrative law judge transmitted the 
record to the Administrator. The Administrator has carefully considered 
the entire record in this matter and, pursuant to 21 CFR 1316.67, 
hereby issues his final order in this matter based upon findings of 
fact and conclusions of law as hereinafter set forth.
    The Administrator adopts the opinion and recommended decision of 
the administrative law judge in its entirety. The Drug Enforcement 
Administration cannot register or maintain the registration of a 
practitioner who is not duly authorized to handle controlled substances 
in the state in which he conducts his business. 21 U.S.C. 802(21), 
823(f) an 824(a)(3). This prerequisite has been consistently upheld. 
See James H. Nickens, M.D., 57 FR 59847 (1992); Elliott Monroe, M.D., 
57 FR 23246 (1992); Bobby Watts, M.D., 53 FR 11919 (1988).
    The administrative law judge properly granted the Government's 
motion for summary disposition. It is well-settled that when no 
question of fact is involved, or when the facts are agreed upon, a 
plenary, adversary administrative proceeding involving evidence and 
cross-examination of witnesses is not obligatory. The rationale is that 
Congress does not intend administrative agencies to perform meaningless 
tasks. Phillip E. Kirk, M.D., 48 FR 32887 (1983), aff'd sub nom Kirk v. 
Mullen, 749 F.2d 297 (6th Cir. 1984); Alfred Tennyson Smurthwaite, 
N.D., 43 FR 11873 (1978); see also, NLRB v. International Association 
of Bridge, Structural and Ornamental Ironworkers, AFL-CIO, 549 F.2d 634 
(9th Cir. 1977); United States v. Consolidated Mines and Smelting Co., 
Ltd., 455 F.2d 432, 453 (9th Cir. 1971).
    Since Respondent is not currently authorized to handle controlled 
substances in the Commonwealth of Kentucky, it is not necessary to 
reach a conclusion regarding whether Respondent's continued 
registration is inconsistent with the public interest. Accordingly, the 
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), 
hereby orders that DEA Certificate of Registration, AO1475993, 
previously issued to Felix L. Oliver, M.D., be, and it hereby is, 
revoked and that any pending applications for renewal of such 
registration be, and they hereby are, denied. This order is effective 
May 23, 1994.

    Dated: April 18, 1994.
Thomas A. Constantine,
Administrator.
[FR Doc. 94-9706 Filed 4-21-94; 8:45 am]
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