[Federal Register Volume 65, Number 161 (Friday, August 18, 2000)]
[Notices]
[Pages 50570-50571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21004]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Graham Travers Schuler, M.D.; Denial of Application

    On November 19, 1999, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Graham Travers Schuler, M.D., of Bloomington, 
Indiana. The Order to Show Cause notified him of an opportunity to show 
cause as to why DEA should not deny his application for a DEA 
Certificate of Registration pursuant to 21 U.S.C. 823(f) and 824(a)(3) 
and (a)(4), for reason that his state controlled substance

[[Page 50571]]

registration was denied and that his registration would be inconsistent 
with the public interest. The order also notified Dr. Schuler 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 the address listed on Dr. 
Schuler's application for registration. DEA received a return receipt 
indicating that an individual signed for the Order to Show Cause on 
December 1, 1999. No request for a hearing or any other reply was 
received from Dr. Schuler or anyone purporting to represent him in this 
matter. Therefore, the 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. Schuler is 
deemed to have waived his hearing right. After considering material 
from the investigative file in this matter, the Administrator now 
enters his final order without a hearing pursuant to 21 CFR 1301.43(d) 
and (e) and 1301.46.
    The Administrator finds that Dr. Schuler submitted an application 
for registration with DEA at an address in Bloomington, Indiana. The 
Administrator further finds that on or about September 18, 1999, the 
Controlled Substance Advisory Committee and the Indiana Board of 
Pharmacy issued a Final Order denying Dr. Schuler's application for a 
controlled substance registration. Dr. Schuler did not present any 
evidence that he has since granted an Indiana controlled substance 
registration. Therefore, the Administrator finds that Dr. Schuler is 
not currently authorized to handle controlled substances in the State 
of Indiana.
    The DEA does not have the statutory authority under the Controlled 
Substance 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 undisputed that Dr. Schuler is not currently authorized 
to handle controlled substances in the State of Indiana. As a result, 
he is not entitled to a DEA registration in that state.
    Since DEA does not have the statutory authority to issue Dr. 
Schuler a DEA registration because he is not currently authorized to 
handle controlled substances in Indiana, the Administrator concludes 
that it is unnecessary to determine whether Dr. Schuler's application 
should be denied because his registration would be inconsistent with 
the public interest.
    Accordingly, the 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), hereby orders that the application for 
registration submitted by Graham Travers Schuler, M.D., be, and it 
hereby is, denied. This order is effective September 18, 2000.

    Dated: August 3, 2000.
Donnie R. Marshall,
Administrator.
[FR Doc. 00-21004 Filed 8-17-00; 8:45 am]
BILLING CODE 4410-09-M