[Federal Register Volume 62, Number 231 (Tuesday, December 2, 1997)]
[Notices]
[Pages 63725-63726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31470]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Drug Enforcement Administration
[Docket No. 97-26]


Anthony P. Dalton, M.D. Revocation of Registration

    On June 19, 1997, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Anthony P. Dalton, M.D. (Respondent), of 
Viroqua, Wisconsin, notifying him of an opportunity to show cause as to 
why DEA should not revoke his DEA Certificate of Registration 
BD0469254, and deny any pending applications for renewal of his 
registration as a practitioner pursuant to 21 U.S.C. 823(f) and 
824(a)(3), for reason that he is not currently authorized to handle 
controlled substances in the State of Wisconsin.
    On July 21, 1997, Respondent filed a request for a hearing, and the 
matter was docketed before Administrative Law Judge Mary Ellen Bittner. 
On July 21, 1997, Judge Bittner issued an Order for Prehearing 
Statements. Thereafter, on July 25, 1997, the Government filed a Motion 
for Summary Disposition,

[[Page 63726]]

alleging that effective January 30, 1996, the Medical Examining Board 
of the State of Wisconsin (Board) terminated a stay of an earlier 
suspension of Respondent's license to practice medicine in the State of 
Wisconsin, and therefore, Respondent is not authorized to handle 
controlled substances in that state.
    By Order dated July 29, 1997, Judge Bittner gave Respondent the 
opportunity to file a response to the Government's motion by August 19, 
1997. No such response was filed by Respondent.
    On September 18, 1997, Judge Bittner issued her Opinion and 
Recommended Decision, finding that Respondent lacked authorization to 
handle controlled substances in the State of Wisconsin; granting the 
Government's Motion for Summary Disposition; and recommending that 
Respondent's DEA Certificate of Registration be revoked. Neither party 
filed exceptions to her opinion, and on October 22, 1997, Judge Bittner 
transmitted the record of these proceedings to the Acting Deputy 
Administrator.
    The Acting Deputy Administrator has considered the record in its 
entirety, and pursuant to 21 CFR 1316.67, hereby issues his final order 
based upon findings of fact and conclusions of law as hereinafter set 
forth. The Acting Deputy Administrator adopts, in full, the Opinion and 
Recommended Decision of the Administrative Law Judge.
    The Acting Deputy Administrator finds that on December 14, 1995, 
the Board issued its Final Decision and Order, suspending Respondent's 
Wisconsin medical license for a period of not less than four years, 
with the provision for successive three-month stays of the suspension 
conditioned upon compliance with certain conditions and limitations on 
the license. Subsequently, the Board ordered that the stay of the 
suspension of Respondent's medical license be terminated, and his 
license was suspended effective January 30, 1996. Thereafter, on March 
1, 1996, and February 3, 1997, the Board denied petitions filed by 
Respondent for the reinstatement of the stay of suspension of his 
medical license. Therefore, the Acting Deputy Administrator finds that 
Respondent is not currently authorized to handle controlled substances 
in the State of Wisconsin.
    The Acting Deputy Administrator finds that in light of the fact 
that Respondent is not currently licensed to practice medicine in the 
State of Wisconsin, it is reasonable to infer that he is not currently 
authorized to handle controlled substances in that state. Respondent 
did not file a response to the Government's motion, and therefore does 
not dispute that he is not currently authorized to practice medicine or 
handle controlled substances in the State of Wisconsin.
    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 Respondent is not currently authorized to 
handle controlled substances in the State of Wisconsin, the state where 
he is registered with DEA. Therefore, Respondent is not entitled to a 
DEA registration in that state.
    The Acting Deputy Administrator further finds that under the 
circumstances, Judge Bittner properly granted the Government's Motion 
for Summary Disposition. It is well-settled that when no question of 
material fact is involved, a plenary, adversary administrative 
proceeding involving evidence and cross-examination of witnesses is not 
obligatory. See Phillip E. Kirk, M.D., 48 FR 32,887 (1983), aff'd sub 
nom Kirk v. Mullen, 749 F.2d 297 (6th Cir. 1984); NLRB v. International 
Association of Bridge, Structural and Ornamental Ironworkers, AFL-CIO, 
F.2d 634 (9th Cir. 1977); United States v. Consolidated Mines & 
Smelting Co., 44 F.2d 432 (9th Cir. 1971).
    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 
DEA Certificate of Registration BD0469254, previously issued to Anthony 
P. Dalton, 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 January 2, 1998.

    Dated: November 20, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-31470 Filed 12-1-97; 8:45 am]
BILLING CODE 4410-09-M