[Federal Register Volume 59, Number 104 (Wednesday, June 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13209]


[[Page Unknown]]

[Federal Register: June 1, 1994]


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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 94-4]

 

Scot Kazalla, D.D.S.; Revocation of Registration

    On July 2, 1993, the Deputy Assistant Administrator (then-
Director), Office of Diversion Control, Drug Enforcement Administration 
(DEA), issued an Order to Show Cause to Scot Kazalla (Respondent), 2910 
University Drive, Coral Springs, Florida proposing to revoke his DEA 
Certificate of Registration, BK087152, and to deny any pending 
applications for renewal of his registration as a practitioner under 21 
U.S.C. 823(f). The statutory predicate for the proposed action was 
that: (1) Respondent lacked authorization to handle controlled 
substances in the State of Florida; (2) Respondent was convicted of a 
felony offense related to controlled substances; and (3) Respondent's 
continued registration was inconsistent with the public interest.
    Respondent requested a hearing on the issues raised in the Order to 
Show Cause and the matter was placed on the docket of Administrative 
Law Judge Mary Ellen Bittner. On November 18, 1993, the Government 
filed a motion for summary disposition. The motion was supported by the 
Order of Emergency Suspension of the License issued by the State of 
Florida, Department of Professional Regulation, dated December 9, 1992.
    On November 19, 1993, the administrative law judge issued an order 
which allowed the Respondent twenty days to file a response to the 
Government's motion. Respondent failed to file a response. On December 
21, 1993, the administrative law judge issued her opinion and 
recommended decision, granting the Government's motion for summary 
disposition and recommending revocation of Respondent's DEA Certificate 
of Registration. No exceptions were filed and, on January 21, 1994, the 
administrative law judge transmitted the record of these proceedings to 
the Administrator. The Deputy Administrator, having considered the 
record in its entirety, hereby enters his final order in this matter 
pursuant to 21 CFR 1316.67.
    The administrative law judge found that the Respondent is not 
currently authorized to practice dentistry in Florida. Based upon his 
lack of a valid dental license, Respondent is precluded from handling 
controlled substances in the State of Florida.
    The Deputy Administrator concludes that the DEA does not have the 
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. See 21 U.S.C. 802(21), 
823(f) and 824(a)(3). This prerequisite has been consistently upheld. 
See James H. Nickens, M.D., 57 FR 59847 (1992); Elliott F. Monroe, M.D. 
57 FR 23246 (1992); Bobby Watts, M.D., 53 FR 11919 (1988); Robert F. 
Witek, D.D.S., 52 FR 47770 (1987); and cases cited therein.
    Since there is no dispute about Respondent's lack of authority to 
handle controlled substances in the State of Florida, the 
administrative law judge properly granted the Government's motion for 
summary disposition. When no question of fact is involved, a plenary, 
adversarial administrative proceeding with the full panoply of due 
process rights is not obligatory. See Philip E. Kirk, M.D., 48 FR 32887 
(1983), aff'd sub nom Kirk v. Mullen, 749 F.2d 297 (6th Cir. 1984); 
United States v. Consolidated Mines and Smelting Company, Ltd., 455 
F.2d 432, 453 (9th Cir. 1971); NLRB v. International Association of 
Bridge, Structural and Ornamental Ironworks, AFL-CIO, 549 F.2d 634 (9th 
Cir. 1977).
    Having considered the facts and circumstances in this matter, the 
Deputy Administrator concludes that Dr. Kazalla's DEA Certificate of 
Registration should be revoked due to his lack of authorization to 
handle controlled substances in the State of Florida. 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, 
BK0879152, previously issued to Scot Kazalla, D.D.S., 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 June 30, 1994.

    Dated: May 25, 1994.
Stephen H. Greene,
Deputy Administrtor.
[FR Doc. 94-13209 Filed 5-31-94; 8:45 am]
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