[Federal Register Volume 64, Number 151 (Friday, August 6, 1999)]
[Notices]
[Page 42981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20237]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Rafael Cappiello, M.D., Revocation of Registration

    On April 8, 1999, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Rafael Cappiello, M.D., of Las Vegas, Nevada, 
notifying him of an opportunity to show cause as to why DEA should not 
revoke his DEA Certificate of Registration AC8554354 pursuant to 21 
U.S.C. 824(a)(3), and deny any pending applications for renewal of such 
registration pursuant to 21 U.S.C. 823(f), for reason that he is not 
currently authorized to handle controlled substances in the State of 
Nevada, the state in which he practices. The order also notified Dr. 
Cappiello that should no request for a hearing be filed within 30 days, 
his hearing right would be deemed waived.
    DEA received a signed receipt indicating that the Order to Show 
Cause was received on April 16, 1999. No request for a hearing or any 
other reply was received by the DEA from Dr. Cappiello or anyone 
purporting to represent him in this matter. Therefore, the 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. Cappiello is deemed to have waived 
his hearing right. After considering material from the investigative 
file in this matter, the Deputy Administrator now enters his final 
order without a hearing pursuant to 21 CFR parts 1301.43(d) and (e) and 
1301.46.
    The Deputy Administrator finds that Dr. Cappiello currently 
possesses DEA Certificate of Registration AC8554354 issued to him in 
Nevada. The Deputy Administrator further finds that on June 6, 1998, 
the Board of Medical Examiners of the State of Nevada issued its 
Findings of Fact, Conclusions of Law, and Order revoking Dr. 
Cappiello's license to practice medicine in the State of Nevada.
    The Deputy Administrator concludes that Dr. Cappiello is not 
currently licensed to practice medicine in Nevada, and therefore, 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. See 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 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 Dr. Cappiello is not currently authorized to 
handle controlled substances in the State of Nevada. As a result, Dr. 
Cappiello is not entitled to a DEA registration in that state.
    Accordingly, the 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 AC8554354, previously issued to Rafael S. 
Cappiello, M.D., be, and it hereby is, revoked. The Deputy 
Administrator further orders that any pending applications for the 
renewal of such registration, be, and they hereby are, denied. This 
order is effective September 7, 1999.

    Dated: July 27, 1999.
Donnie R. Marshall,
Deputy Administrator.
[FR Doc. 99-20237 Filed 8-5-99; 8:45 am]
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