[Federal Register Volume 62, Number 122 (Wednesday, June 25, 1997)]
[Notices]
[Pages 34310-34311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16558]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Charles Milton Waller, D.D.S. Denial of Application

    On February 25, 1997, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Charles Milton Waller, D.D.S., of Parkville, 
Missouri, notifying him of an opportunity to show cause as to why DEA 
should not deny his application, dated June 6, 1995, for a DEA 
Certificate of Registration as a practitioner pursuant to 21 U.S.C. 
823(f), for reason that he is not currently authorized to handle 
controlled substances in the State of Missouri. The order also notified 
Dr. Waller that should no request for a hearing be filed within 30 
days, his hearing right would be deemed waived.
    The DEA received a signed receipt indicating that the order was 
received by Dr. Waller on March 4, 1997. No request for a hearing or 
any other reply was received by the DEA from Dr. Waller or anyone 
purporting to represent him in this matter. Therefore, the Acting 
Deputy Administrator, finding that (1) 30 days have passed since the 
receipt of the Order to Show Cause, and (2) no request for a hearing 
having been received, concludes that Dr. Waller is deemed to have 
waived his hearing right. After considering the relevant material from 
the investigative file in this matter, the Acting Deputy Administrator 
now enters his final order

[[Page 34311]]

without a hearing pursuant to 21 CFR 1301.43 (d) and (e) and 1301.46.
    The Acting Deputy Administrator finds that on September 6, 1996, 
the Missouri Dental Board issued a Disciplinary Order revoking Dr. 
Waller's license to practice dentistry. The Acting Deputy Administrator 
finds that in light of the fact that Dr. Waller is not currently 
licensed to practice dentistry in the State of Missouri, it is 
reasonable to infer that he is not currently authorized to handle 
controlled substances in that state.
    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 he conducts his business. 21 U.S.C. 802(21), 
823(f) and 824(a)(3). This prerequisite has been consistently upheld. 
See Romeo J. Perez, M.D., 62 FR 16,193 (1997); Demetris A. Green, M.D., 
61 FR 60,728 (1996); Dominick A. Ricci, M.D., 58 FR 51, 104(1993).
    Here it is clear that Dr. Waller is not currently authorized to 
handle controlled substances in the State of Missouri, where he has 
applied for registration with DEA. Therefore, Dr. Waller is not 
entitled to a DEA registration in that state.
    Accordingly, the Acting 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 the application, submitted by Charles Milton Waller, D.D.S., on 
June 6, 1995, for a DEA Certificate of Registration, be, and it hereby 
is, denied. This order is effective July 25, 1997.

    Dated: June 16, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-16558 Filed 6-24-97; 8:45 am]
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