[Federal Register Volume 62, Number 202 (Monday, October 20, 1997)]
[Notices]
[Page 54469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27639]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Benjamin R. Borja, D.M.D.; Revocation of Registration

    On June 23, 1997, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Benjamin R. Borja, D.M.D., of North Hills, 
California, notifying him of an opportunity to show case as to why DEA 
should not revoke his DEA Certificate of Registration AB8143024, under 
21 U.S.C. 824(a)(3), and deny any pending applications for renewal of 
such 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 California. The order also notified Dr. 
Borja 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. Borja on June 30, 1997. No request for a hearing or any 
other reply was received by the DEA from Dr. Borja or anyone purporting 
to represent him in his 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. Borja is deemed to have waived his 
hearing right. After considering relevant material from the 
investigative file in this matter, the Acting Deputy Administrator now 
enters his final order without a hearing pursuant to 21 CFR 1301.43 (d) 
and (e) and 1301.46.
    The Acting Deputy Administrator finds that on March 22, 1996, the 
Board of Dental Examiners, Department of Consumer Affairs, State of 
California issued a Default Decision and Order revoking Dr. Borja's 
dental license effective May 1, 1996, based upon a finding that Dr. 
Borja engaged in unprofessional conduct, incompetence, gross 
negligence, and/or repeated acts of negligence in his treatment of a 
patient. The Acting Deputy Administrator finds that in light of the 
fact that Dr. Borja is not currently licensed to practice medicine in 
the State of California, it is reasonable to infer that he is not 
currently authorized to handle controlled substances in that state.
    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 
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. Borja is not currently authorized to 
handle controlled substances in the State of California. Therefore, Dr. 
Borja 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 
1 U.S.C. 823 and 824 and 28 CFR 0.100(b) and 0.104, hereby orders that 
DEA Certificate of Registration AB8143024, previously issued to 
Benjamin R. Borja, D.M.D., be, and it hereby is, revoked. The Acting 
Deputy Administrator further orders that any pending applications for 
the renewal of such registration, be, and they hereby are, denied. This 
order is effective November 19, 1997.

James S. Milford,
Acting Deputy Administrator.
    Dated: October 9, 1997.
[FR Doc. 97-27639 Filed 10-17-97; 8:45 am]
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