[Federal Register Volume 63, Number 203 (Wednesday, October 21, 1998)]
[Notices]
[Pages 56223-56224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28174]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration
[Docket No. 97-31]


Sandra J.S. Tyner, M.D.; Revocation of Registration

    On August 1, 1997, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Sandra J.S. Tyner, M.D. (Respondent) of Grants 
Pass, Oregon notifying her of an opportunity to show cause as to why 
DEA should not revoke her DEA Certificate of Registration AS9530533, 
under 21 U.S.C. 824(a)(1) and (a)(4) and deny any pending applications 
for renewal of such registration pursuant to 21 U.S.C. 823(f). The 
Order to Show Cause alleged that Respondent falsified two DEA renewal 
applications filed in 1995 by failing to indicate that the Oregon State 
Board of Medical Examiners (Board) had taken action on several 
occasions against her license to practice medicine. In addition, the 
Order to Show Cause alleged that in 1996, the Board suspended her 
medical license based upon her failure to undergo a psychiatric 
evaluation and upon her proclivity to abuse controlled substances. The 
Board subsequently reinstated her medical license and placed it on 
probation.
    By letter dated August 26, 1997, Respondent, through counsel, 
requested a hearing and the matter was docketed before Administrative 
Law Judge Mary Ellen Bittner. In the midst of prehearing procedures, 
Respondent's counsel indicated that Respondent's medical license had 
been suspended since October 21, 1997. Thereafter, on January 30, 1998, 
the Government filed a Motion for Summary Disposition alleging that 
Respondent is no longer authorized to handle controlled substances in 
Oregon, the state where she is registered with DEA. On February 20, 
1998, Respondent filed a response to the Government's motion against 
arguing that the suspension of Respondent's medical license is 
temporary and that the regulations do not provide for summarily 
terminating Respondent's DEA registration under these circumstances.
    On May 12, 1998, Judge Bittner issued her Opinion and Recommended 
Decision, finding that Respondent lacked authorization to handle 
controlled substances in Oregon; granting the Government's Motion for 
Summary Disposition; and recommending the Respondent's DEA Certificate 
of Registration be revoked. Neither party filed exceptions to her 
opinion, and on June 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 on October 21, 1997, the 
Board issued an emergency suspension order regarding Respondent's 
license to practice medicine in Oregon after it was determined that she 
had discontinued treatment with a psychiatrist and she was self-
prescribing controlled substances in violation of a previous Board 
order. A letter in the record dated January 22, 1998, from the Chief 
Investigator of the Board indicates that Respondent's medical license 
was still suspended as of that date.
    While Respondent argues in her response to the Government's motion 
that her suspension is temporary, she does not deny that she is 
currently without authorization to handle controlled substances in 
Oregon. 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 authority to handle controlled 
substances in the state in which she conducts her 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 
practice medicine in Oregon. It is reasonable to infer that because 
Respondent is not authorized to practice medicine, she is also not 
authorized to handle controlled substances in Oregon. Since Respondent 
lacks this state authority, she 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. It is well-settled that 
when no material fact is involved, or when the material facts are 
agreed upon, a plenary, adversary administrative proceeding involving 
evidence and cross-examination of witnesses is not required. Congress 
did not intend administrative agencies to perform meaningless tasks. 
Gilbert Ross, M.D., 61 FR 8664 (1996); Philip E. Kirk, M.D., 48 FR 
32,887 (1983), aff'd sub nom Kirk v. Mullen, 749 F.2d 297 (6th Cir. 
1984); see also NLRB v. International Association of Bridge, Structural 
and Ornamental Ironworkers, AFL-CIO, 549 F2d 634 (9th Cir. 1977); 
United States v. Consolidated Mines & Smelting Co., 44 F2d 432 (9th 
Cir. 1971). Here, there is no dispute concerning the material fact that 
Respondent currently lacks state authority to handle controlled 
substances in Oregon.
    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 AS9530533, previously issued to Sandra 
J.S. Tyner, M.D., be, and it hereby is revoked. The Acting Deputy 
Administrator further orders that any pending applications for

[[Page 56224]]

renewal of such registration, be, and they hereby are, denied. This 
order is effective November 20, 1998.

    Dated: October 14, 1998.
Donnie R. Marshall,
Acting Deputy Administrator.
[FR Doc. 98-28174 Filed 10-20-98; 8:45 am]
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