[Federal Register Volume 63, Number 8 (Tuesday, January 13, 1998)]
[Notices]
[Pages 1978-1979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-705]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Robert A. Pfluger, D.D.S.; Revocation of Registration

    On October 23, 1997, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Robert A. Pfluger, D.D.S., of Rockford, 
Illinois, notifying him of an opportunity to show cause as to why DEA 
should not revoke his DEA Certificate of Registration BP4333477, 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 Illinois. The order also notified Dr. 
Pfluger 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 on November 4, 1997. No request for a hearing or any other 
reply was received by the DEA from Dr. Pfluger 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

[[Page 1979]]

for a hearing having been received, concludes that Dr. Pfluger 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 20, 1996, the 
State of Illinois, Department of Professional Regulation issued an 
Order indefinitely suspending Dr. Pfluger's license to practice 
dentistry, based upon his outstanding individual state income tax 
liability of over $26,000.00 and his failure to file state individual 
income tax returns for the years 1989 through 1993. The Acting Deputy 
Administrator finds that in light of the fact that Dr. Pfluger is not 
currently licensed to practice dentistry in the State of Illinois, 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. Pfluger is not currently authorized to 
handle controlled substances in the State of Illinois. Therefore, Dr. 
Pfluger 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 
DEA Certificate of Registration BP4333477, previously issued to Robert 
A. Pfluger, D.D.S., 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 February 12, 1998.

    Dated: January 5, 1998.
Peter F. Gruden,
Acting Deputy Administrator.
[FR Doc. 98-705 Filed 1-12-98; 8:45 am]
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