[Federal Register Volume 65, Number 24 (Friday, February 4, 2000)]
[Notices]
[Page 5679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2532]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Melvin John Miller, 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 Melvin John Miller, M.D. of Ellijay, Georgia, 
notifying him of an opportunity to show cause as to why DEA should not 
revoke his DEA Certificate of Registration BM1167077 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 
Georgia. The order also notified Dr. Miller 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 16, 1999. No request for a hearing or any 
other reply was received by the DEA from Dr. Miller 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. Miller 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 January 3, 2000.
    The Deputy Administrator finds that Dr. Miller currently possesses 
DEA Certificate of Registration BM1167077 issued to him in Georgia. The 
Deputy Administrator further finds that on July 10, 1997, Dr. Miller 
entered into a Consent Order with the Composite State Board of Medical 
Examiners for the State of Georgia wherein Dr. Miller agreed to the 
indefinite suspension of his medical license because he had ``relapsed 
and returned to the use of chemicals for which he has no legitimate 
and/or medical need.'' There is no evidence in the record to indicate 
that this indefinite suspension is no longer in effect.
    Therefore the Deputy Administrator concludes that Dr. Miller is not 
currently licensed to practice medicine in Georgia, 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. Miller is not currently authorized to 
handle controlled substances in the State of Georgia. As a result, Dr. 
Miller 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 C.F.R. 0.100(b) and 0.104, hereby orders that DEA 
Certificate of Registration BM1167077, previously issued to Melvin John 
Miller, 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. 00-2532 Filed 2-3-00; 8:45 am]
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