[Federal Register Volume 63, Number 39 (Friday, February 27, 1998)]
[Notices]
[Pages 10041-10042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4975]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration
[Docket No. 98-2]


Teodoro A. Ando, M.D.; Revocation of Registration

    On May 23, 1997, the Acting Deputy Assistant Administrator, Office 
of Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Teodoro A. Ando, M.D., (Respondent) of 
Montoursville, Pennsylvania. The Order to Show Cause notified him of an 
opportunity to show cause as to why DEA should not revoke his DEA 
Certificate of Registration, AA8218249, and deny any pending 
applications for renewal of his registration 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 Commonwealth of Pennsylvania.
    Subsequently, Respondent filed a request for a hearing. While this 
request was not timely filed, the Government indicated that it did not 
object to the untimeliness of Respondent's request for a hearing, and 
the matter was docketed before Administrative Law Judge Mary Ellen 
Bittner. On October 23, 1997, Judge Bittner issued an Order for 
Prehearing Statements. On November 13, 1997, the Government filed a 
Motion for Summary Disposition and Request for Extension of Time to 
File Prehearing Statement, alleging that Respondent is without state 
authority to handle controlled substances in the Commonwealth of 
Pennsylvania. By order dated November 20, 1997, Judge Bittner provided 
Respondent with an opportunity to file a response to the Government's 
motion. No response was received from Respondent.
    On December 19, 1997, Judge Bittner issued her Opinion and 
Recommended Decision finding that Respondent lacked authorization to 
handle controlled substances in the Commonwealth of Pennsylvania; 
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 January 
22, 1998, 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 by affidavit dated 
October 27, 1997, the custodian of records for the Commonwealth of 
Pennsylvania, Department of State, Bureau of Professional and 
Occupational Affairs, State Board of Medicine stated that Respondent's 
license was revoked on March 11, 1996, and remained revoked as of the 
date of the affidavit. Respondent did not offer any evidence to the 
contrary, and therefore the Acting Deputy Administrator finds that 
Respondent is not currently authorized to practice medicine in the 
Commonwealth of Pennsylvania. The Acting Deputy Administrator further 
finds it reasonable to infer that Respondent is also not authorized to 
handle controlled substances in the Commonwealth of Pennsylvania, where 
he is currently registered with DEA to handle controlled substances.
    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

[[Page 10042]]

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 16193 (1997); 
Demetris A. Green, M.D., 61 FR 60728 (1996); Dominick A. Ricci, M.D., 
58 FR 51104 (1993).
    Here it is clear that Respondent is not authorized to practice 
medicine or handle controlled substances in the Commonwealth of 
Pennsylvania. Since Respondent lacks this state authority, he is not 
entitled to a DEA registration in that state.
    In light of the above, Judge Bittner properly granted the 
Government's Motion for Summary Disposition. Here, the parties did not 
dispute the fact that Respondent is unauthorized to handle controlled 
substances in Pennsylvania. Therefore, 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 32887 
(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, 549 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 AA8218249, previously issued to Teodoro 
A. Ando, M.D., be, and it hereby is, revoked. The Acting Deputy 
Administrator further orders that any pending applications for 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. 98-4975 Filed 2-26-98; 8:45 am]
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