[Federal Register Volume 63, Number 46 (Tuesday, March 10, 1998)] [Notices] [Pages 11694-11695] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-6103] ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. 98-3] Dong HA Chung, M.D.; Revocation of Registration On October 8, 1997, the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration (DEA), issued an Order to Show Cause to Dong Ha Chung, M.D. (Respondent), of Anderson, South Carolina. 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 BC0373465, and deny any pending applications for renewal of such registration as a practitioner pursuant to 21 U.S.C. 823(f) and 824(a)(3) and (a)(5). The Order to Show Cause alleged that Respondent is not currently authorized to handle controlled substances in the State of South Carolina, and he has been excluded by the United States Department of Health and Human Services from participating in the Medicare, Medicaid and any state health care programs for a period of ten years. On November 5, 1997, Respondent, through counsel, filed a request for a hearing, and the matter was docketed before Administrative Law Judge Gail A. Randall. On November 6, 1997, Judge Randall issued an Order for Prehearing Statements. On December 1, 1997, the Government filed a Motion for Summary Disposition and Motion to Stay Proceedings, alleging that Respondent is currently registered with DEA to handle controlled substances in South Carolina, however he is currently without state authority to handle controlled substances in South Carolina. On December 16, 1997, Respondent filed a Memorandum in Opposition of Government's Motion for Summary Disposition arguing that Respondent's state controlled substances license was canceled based upon the suspension of his medical license, which has since been reinstated. Respondent asserts that he is currently seeking reinstatement of his controlled substances privileges in South Carolina, but ``a scheduled hearing (on the reinstatement) was postponed and for a reason not yet known, it has not been rescheduled.'' Respondent does not deny that he is not currently authorized to handle controlled substances in South Carolina. On January 7, 1998, Judge Randall issued her Opinion and Recommended Ruling, finding that Respondent lacks authorization to handle controlled substances in the State of South Carolina; 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 February 9, 1998, Judge Randall 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 July 12, 1996, the South Carolina Department of Health and Environmental Control issued a Notice of Cancellation of Controlled Substances Registration, canceling Respondent's controlled substances registration in South Carolina. Respondent argues that the cancellation of his state controlled substances privileges was based upon the suspension of his medical license in South Carolina, and that his state medical license has since been reinstated. However, Respondent does not dispute that he is not currently authorized to handle controlled substances in the State of South Carolina. Therefore, the Acting Deputy Administrator finds that Respondent is not currently authorized to handle controlled substances in South Carolina, the state in which he is registered with DEA. 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 [[Page 11695]] 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 licensed to handle controlled substances in South Carolina. Since Respondent lacks this state authority, he is not entitled to a DEA registration in that state. In light of the above, Judge Randall properly granted the Government's Motion for Summary Disposition. The parties did not dispute the fact that Respondent is currently unauthorized to handle controlled substances in South Carolina. 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 32,887 (1983), aff'd sub non 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. 1997); United States v. Consolidated Mines & Smelting Co., 44 F.2d 432 (9th Cir. 1971). Since DEA does not have the statutory authority to maintain Respondent's DEA registration because he is not currently authorized to handle controlled substances in South Carolina, the Acting Deputy Administrator concludes that it is unnecessary to determine whether Respondent's DEA registration should be revoked based upon his exclusion by the United States Department of Health and Human Services from participating in the Medicare, Medicaid and any state health care programs. 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 BC0373465, previously issued to Dong Ha Chung, 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 April 9, 1998. Dated: March 3, 1998. Donnie R. Marshall, Acting Deputy Administrator. [FR Doc. 98-6103 Filed 3-9-98; 8:45 am] BILLING CODE 4410-09-M