[Federal Register Volume 59, Number 141 (Monday, July 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17948]


[[Page Unknown]]

[Federal Register: July 25, 1994]


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DEPARTMENT OF JUSTICE
[Docket No. 94-21]

 

Boitshoko P. Marang, M.D.; Revocation of Registration

    On December 10, 1993, the Acting Administrator of the Drug 
Enforcement Administration (DEA), issued an Order to Show Cause and 
Immediate Suspension of Registration to Boitshoko P. Marang, M.D. 
(Respondent). The Order to Show Cause proposed to revoke DEA 
Certificate of Registration, BM1482506, and deny any pending 
applications for renewal of such registration. The grounds for the 
issuance of the Order to Show Cause were that the State of Michigan had 
revoked Respondent's license to practice medicine and that his 
continued registration would be inconsistent with the public interest. 
Additionally, citing his preliminary finding that Respondent's 
continued registration posed an imminent danger to the public health 
and safety, the Acting Administrator ordered the immediate suspension 
of Respondent's registration pending the outcome of these proceedings. 
21 U.S.C. 824(d).
    On December 10, 1993, the Order to Show Cause and Immediate 
Suspension of Registration was personally served on Respondent at the 
Wayne County Jail, 570 Clinton Street, Detroit, Michigan. By letter 
dated January 9, 1994, Respondent requested a hearing on the issues 
raised in the Order to Show Cause. The matter was placed on the docket 
of Administrative Law Judge Paul A. Tenney. On February 15, 1994, the 
Government filed a motion for summary disposition. A copy of the motion 
was forwarded to Respondent at the address he provided in his request 
for a hearing, the Wayne County Jail.
    The envelope which contained the Government's motion for summary 
disposition was returned to the Government with the notation 
``addressee unknown.'' Government counsel verified that the Respondent 
remained an inmate in the Wayne County Jail and on March 14, 1994, 
again forwarded a copy of the Government's motion.
    On February 16, 1994, the administrative law judge attempted to 
serve Respondent with an order which allowed Respondent 14 days in 
which to respond to the Government's motion for summary disposition. 
The envelope was returned, marked, ``addressee unknown.'' On April 7, 
1994, the administrative law judge forwarded a second order to 
Respondent, by certified mail. Respondent failed to file a response to 
the order.
    By order dated April 25, 1994, the administrative law judge found 
that Respondent waived his opportunity for a hearing, and recommended 
that a final order be entered under 21 CFR 1301.57. Alternatively, the 
administrative law judge granted the Government's motion for summary 
disposition. Neither party filed exceptions to the administrative law 
judge's order and on May 23, 1994, the record was transmitted to the 
Deputy Administrator. The Deputy Administrator concludes that 
Respondent has waived his opportunity for a hearing on the issues 
raised in the Order to Show Cause and, pursuant to 21 CFR 1301.54(e) 
and 1301.57, enters this final order based upon the record as it now 
appears.
    The Deputy Administrator finds that an administrative complaint had 
been filed with the Michigan Board of Medicine (``the Board'') against 
the Respondent. After careful consideration of the documents filed in 
that cause, the Board concluded that the continued licensure of 
Respondent constitutes a threat to the public health, safety and 
welfare requiring emergency action. Therefore, on December 1, 1993, the 
Board summarily suspended Respondent's license to practice medicine. 
Consequently, Respondent is not currently authorized to handle 
controlled substances in the State of Michigan.
    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 Roy E. Hardman, M.D., 57 FR 49195 (1992) 
(noting that ``Michigan law provides that a suspension of an 
individual's medical license shall result in the nullification of the 
individual's authority to handle controlled substances''); see also, 
Myong S. Yi, M.D., 54 FR 30618 (1989); DePietro's Pharmacy, 54 FR 22499 
(1989); Bobby Watts, M.D., 53 FR 11919 (1988); and cases cited therein.
    Since there is no dispute about Respondent's lack of authority to 
handle controlled substances in the State of Michigan, the 
administrative law judge properly granted the Government's motion for 
summary disposition. When no question of fact is involved, or when the 
facts are agreed upon, 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).
    Having considered the facts and circumstances in this matter, the 
Deputy Administrator concludes that Dr. Marang's DEA Certificate of 
Registration should be revoked due to his lack of authorization to 
handle controlled substances in the State of Michigan. 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 [59 FR 23637], hereby orders that DEA Certificate 
of Registration, BM1482506, previously issued to Boitshoko P. Marang, 
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 
July 25, 1994.

    Dated: July 15, 1994.
Stephen H. Green,
Deputy Administrator.
[FR Doc. 94-17948 Filed 7-22-94; 8:45 am]
Billing Code 4410-09-M