[Federal Register Volume 64, Number 151 (Friday, August 6, 1999)]
[Notices]
[Pages 42982-42983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20239]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration
[Docket No. 99-21]


Bryant D. Chomiak, Revocation of Registrations

    On January 12, 1999, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA) issued an 
Order to Show Cause to Bryant D. Chomiak, M.D. (Respondent) of Nevada, 
notifying him of an opportunity to show cause as to why DEA should not 
revoke his DEA Certificates of Registration BC2335912 and BC5019395 
pursuant to 21 U.S.C. 824(a)(3) and deny any pending applications for 
renewal of such registrations pursuant to 21 U.S.C. 823(f), for reason 
that he is not currently authorized to handle controlled substances in 
Nevada, the state in which he practices. The order also notified 
Respondent that should not request for a hearing be filed within 30 
days, his hearing right would be deemed waived.
    The Order to Show Cause that was sent to Respondent at his 
registered location in Henderson, Nevada was returned to DEA unclaimed. 
However, a signed receipt indicates that the Order to Show Cause sent 
to Respondent at his registered location in Las Vegas, Nevada was 
received on January 20, 1999. There was no response to the Order to 
Show Cause by Respondent or anyone purporting to represent him within 
30 days of receipt of the order and the matter was transmitted to the 
Deputy Administrator on April 6, 1999, for final agency action.
    On April 26, 1999, the DEA's Office of Administrative Law Judges 
received a letter from Respondent dated April 16, 1999, indicating that 
he was seeking reinstatement of his Nevada medical license; stating 
that the revocation of his Nevada medical license had noting to do with 
his professional conduct; and seeking advice regarding the proper 
procedure to be followed in this matter. by letter dated May 3, 1999, 
the Hearing Clerk for the Office of Administrative Law Judges advised 
Respondent that it was unclear from his April 16, 1999 letter whether 
or not he was requesting a hearing. The Hearing Clerk then stated 
``that although your response to the Order to Show Cause is outside the 
time period specific in 21 CFR 1301.43, you may file with this office a 
written request for a hearing by May 14, 1999. Otherwise, you will be 
deemed to have waived your right to a hearing.''
    On May 18, 1999, Administrative Law Judge Gail A. Randall issued an 
Order Terminating the Proceedings in this matter. Judge Randall found 
that there had been no response to the May 3, 1999 letter from the 
Hearing Clerk, and therefore concluded that Respondent had waived his 
right to a hearing.
    Thereafter, on May 19, 1999, the Office of Administrative Law 
Judges received a letter from Respondent dated May 16, 1999, in which 
Respondent stated that ``I suppose, the best course is to request a 
hearing to explain my position formally.'' Since Judge Randall had 
already terminated the proceedings before her, the Hearing Clerk 
forwarded Respondent's May 16, 1999 letter to Government counsel for 
appropriate action. the investigative file, including all of the above-
referenced documents, has been transmitted to the Deputy Administrator.
    The Deputy Administrator concludes that Respondent has waived his 
right to a hearing in this matter. The Order to show Cause specifically 
states that Respondent had 30 days from the date of receipt of the 
order to request a hearing. The Order to Show Cause was received on 
January 20, 1999, and no correspondence did not specifically request a 
hearing and was clearly outside the 30-day period for requesting a 
hearing. Nonetheless, Judge Randall gave Respondent a second chance to 
request a hearing. Respondent was give until May 14, 1999, yet 
Respondent's letter requesting the hearing was not filed with DEA until 
May 19, 1999, again outside the allotted time period. Therefore, 
Respondent is deemed to have waived his right to a hearing and the 
Deputy Administrator now enters his final order in this matter without 
a hearing and based on the investigative file pursuant to 21 CFR 
1301.43(d) and (e) and 1301.46.
    The Deputy Administrator finds that Respondent currently possesses 
DEA Certificates of Registration BC23355912 and BC5019395, issued to 
him in Nevada. The Deputy Administrator further finds that on April 24, 
1997, the Board of Medical Examiners of the State of Nevada (Board) 
ordered the summary suspension of Respondent's license to practice 
medicine in Nevada pending further proceedings. Thereafter, on July 15, 
1997, the Board revoked Respondent's Nevada medical license. Therefore, 
the Deputy Administrator finds that Respondent is not currently 
authorized to practice medicine in Nevada, and it is reasonable to 
infer that he is also not authorized to handle controlled substances in 
that state.
    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 Respondent is not currently authorized to 
practice medicine and handle controlled substances in Nevada. As a 
result, he is not entitled to a DEA registration in that state.
    Accordingly, the Deputy Administrator of the Drug Enforcement

[[Page 42983]]

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 
Certificates of Registration BC2335912 and BC5019395, previously issued 
to Bryant D. Chomiak, M.D., be, and they hereby are, revoked. The 
Deputy Administrator further orders that any pending applications for 
the renewal of such registrations, be, and they hereby are, denied. 
This order is effective September 7, 1999.

    Dated: July 27, 1999.
Donnie R. Marshall,
Deputy Administrator.
[FR Doc. 99-20239 Filed 8-5-99; 8:45 am]
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