[Federal Register Volume 65, Number 24 (Friday, February 4, 2000)]
[Notices]
[Page 5661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2526]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


James Garvey Cavanagh, M.D.; Revocation of Registration

    On August 5, 1999, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to James Garvey Cavanagh, M.D., of Hawthorne, 
Nevada, notifying him of an opportunity to show cause as to why DEA 
should not revoke his DEA Certificate of Registration AC9084485 
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 order also notified Dr. Cavanagh 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 August 21, 1999. No request for a hearing or any 
other reply was received by the DEA from Dr. Cavanagh 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. Cavanagh 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 C.F.R. 1301.43(d) and (e) and 1301.46. 
This final order replaces and supersedes the final order issued on 
December 22, 1999, and published at 64 FR 73,586 (December 30, 1999).
    The Deputy Administrator finds that Dr. Cavanagh currently 
possesses DEA Certificate of Registration AC9084485 issued to him in 
Nevada. The Deputy Administrator further finds that on March 18, 1999, 
the Board of Medical Examiners of the State of Nevada issued its 
Findings of Fact, Conclusions of Law, and Order revoking Dr. Cavanagh's 
license to practice medicine in the State of Nevada.
    The Deputy Administrator concludes that Dr. Cavanagh 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 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 Dr. Cavanagh is not currently authorized to 
handle controlled substances in the State of Nevada. As a result, Dr. 
Cavanagh 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 USC 823 
and 824 and 28 C.F.R. 0.100(b) and 0.104, hereby orders that DEA 
Certificate of Registration AC9084485, previously issued to James 
Garvey Cavanagh, 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 March 6, 2000, and is considered the final agency 
action for appellate purposes pursuant to 21 U.S.C. 877.

    Dated: January 18, 2000.
Donnie R. Marshall,
Deputy Administrator.
[FR Doc. 00-2526 Filed 2-3-00; 8:45 am]
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