[Federal Register Volume 63, Number 39 (Friday, February 27, 1998)]
[Notices]
[Pages 10043-10044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4974]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Rafael A. Segrera, D.O. Revocation of Registration

    On June 5, 1997, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Rafael A. Segrera, D.O., of Odebolt, Iowa, 
notifying him of an opportunity to show cause as to why DEA should not 
revoke his DEA Certificate of Registration BS1828788, under 21 U.S.C. 
824(a)(3), and deny any pending applications for 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 
Iowa. The order also notified Dr. Segrera that should no request for a 
hearing be filed within 30 days of receipt, his hearing right would be 
deemed waived.
    The DEA received a signed receipt indicating that the order was 
received by Dr. Segrera on June 12, 1997. No request for a hearing or 
any other reply was received by the DEA from Dr. Segrera 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. Segrera 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 October 20, 1994, the 
Board of Medical Examiners of the State of Iowa (Board) issued an Order 
of Summary Suspension of Dr. Segrera's license to practice osteopathic 
medicine and surgery. Following a hearing, the Board indefinitely 
suspended Dr. Segrera's license effective February 23, 1996. 
Thereafter, by letter dated March 18, 1996, the Iowa Board of Pharmacy 
Examiners notified Dr. Segrera of the suspension of his Iowa controlled 
substance registration.
    The Acting Deputy Administrator finds that Dr. Segrera is not 
currently authorized to handle controlled substances in the State of 
Iowa, where he is registered with DEA. 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. Segrera is not currently authorized to 
handle controlled substances in the State of

[[Page 10044]]

Iowa. Therefore, Dr. Segrera 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 BS1828788, previously issued to Rafael 
A. Segrera, D.O., 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 March 30, 1998.

    Dated: February 20, 1998.
Peter F. Gruden,
Acting Deputy Administrator.
[FR Doc. 98-4974 Filed 2-26-98; 8:45 am]
BILLING CODE 4410-09-M