[Federal Register Volume 65, Number 24 (Friday, February 4, 2000)]
[Notices]
[Pages 5675-5676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2527]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Archibald W. Hutchinson, M.D.; Revocation of Registration

    On July 28, 1999, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Archibald W. Hutchinson, M.D., of Marietta, 
Ohio, notifying him of an opportunity to show cause as to why DEA 
should not revoke his DEA Certificate of Registration BH2898053 
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 Ohio. The order also notified Dr. Hutchinson that should 
no request for a hearing be filed within 30 days, his hearing right 
would be deemed waived.
    The Order to Show Cause was sent to Dr. Hutchinson at his 
registered location. DEA received a signed receipt indicating that it 
was received and signed for by an individual on November 3, 1999. The 
Order to Show

[[Page 5676]]

Cause was also sent to Dr. Hutchinson at his last known address in 
Illinois. The return receipt indicates that the Order to Show Cause was 
forwarded to another address in Illinois and was signed for on or about 
August 20, 1999. No request for a hearing or any other reply was 
received by the DEA from Dr. Hutchinson 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. Hutchinson 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 1301.43(d) and (e) 1301.46. This final order 
replaces and supersedes the final order issued on January 3, 2000.
    The Deputy Administrator finds that Dr. Hutchinson currently 
possesses DEA Certificate of Registration BH2898053 issued to him in 
Ohio. The Deputy Administrator further finds that on July 8, 1998, the 
State Medical Board of Ohio permanently revoked his license to practice 
medicine in the State of Ohio. Therefore, the Deputy Administrator 
concludes that Dr. Hutchinson is not currently licensed to practice 
medicine in Ohio, and as a result, 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. Hutchinson is not currently authorized to 
handle controlled substances in the State of Ohio. As a result, he 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 BH2898053, previously issued to Archibald 
W. Hutchinson, 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. 00-2527 Filed 2-3-00; 8:45 am]
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