[Federal Register Volume 64, Number 151 (Friday, August 6, 1999)]
[Notices]
[Page 42988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20241]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration
[Docket No. 99-4]


Robert W. Shultice, M.D.; Revocation of Registration

    On October 16, 1998, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA) issued an 
Order to Show Cause to Robert W. Shultice, M.D. (Respondent) of Cedar 
Rapids, Iowa. The Order to Show Cause notified Dr. Shultice of an 
opportunity to show cause as to why DEA should not revoke his DEA 
Certificate of Registration BS0126272 pursuant to 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), for reason that his 
continued registration would be inconsistent with the public interest.
    By letter dated November 12, 1998, Respondent, through counsel, 
filed a request for a hearing and the matter was docketed before 
Administrative Law Judge Mary Ellen Bittner. On November 24, 1998, 
Judge Bittner issued an Order for prehearing Statements. The Government 
filed its prehearing statement on December 15, 1998, and on January 4, 
1999, Respondent filed a Motion of Continuance. In his motion, 
Respondent indicated that he had voluntarily surrendered his license to 
practice medicine with the Iowa Board of Medical Examiners (Medical 
Board), and asked for an indefinite continuance of the proceedings. 
Respondent attached to his motion a copy of a Statement of Charges, 
Settlement Agreement and Final Order which was approved by the medical 
Board of December 17, 1998, in which Respondent agreed to voluntarily 
surrender his medical license no later than December 11, 1998. On 
January 4, 1999, Judge Bittner denied Respondent's motion.
    Thereafter, the Government filed a Motion for Summary Disposition 
on January 21, 1999, alleging that Respondent was no longer authorized 
to handle controlled substances in Iowa, where he is registered with 
DEA. The Government attached to its motion a copy of a letter dated 
January 14, 1999, from the Iowa Board of Pharmacy (Pharmacy Board) to 
Respondent informing him that based on the surrender of his medical 
license, the Pharmacy Board revoked his Iowa controlled substance 
registration. On February 5, 1999. Respondent filed his Response to the 
Government's Motion for Summary Disposition, indicating that he did not 
object to the Government's motion.
    On February 8, 1999, Judge Bittner issued her Opinion and 
Recommended Decision, finding that Respondent lacks authorization to 
handle controlled substances in Iowa; 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 April 6, 1999, Judge Bittner transmitted the 
record of these proceedings to the Deputy Administrator.
    The 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 Deputy Administrator adopts, in full, the Opinion and Recommended 
Decision of the Administrative Law Judge.
    The Deputy Administrator finds that Respondent voluntarily 
surrended his license to practice medicine in December 1998, and on 
January 14, 1999, the Pharmacy Board revoked his Iowa controlled 
substance registration. Therefore, the Deputy Administrator finds that 
Respondent is not currently authorized to handle controlled substances 
in the State of Iowa, where he is registered with DEA.
    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 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 the State of Iowa. Since Respondent lacks this 
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. The parties did not 
dispute the fact that Respondent is currently unauthorized to handle 
controlled substances in the State of Iowa. 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 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 F. 2d 634 (9th Cir. 
1977); United States v. Consolidated Mines & Smelting Co., 44 F. 2d 432 
(9th Cir. 1971).
    According, 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 BS0126272, previously issued to Robert W. 
Shultice, M.D., be, and it hereby is, revoked. The Deputy Administrator 
further orders that any pending applications for 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. 99-20241 Filed 8-5-99; 8:45 am]
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