[Federal Register Volume 66, Number 54 (Tuesday, March 20, 2001)]
[Notices]
[Pages 15762-15763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6909]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Frank R. Pennington, M.D.; Denial of Application

    On February 2, 2000, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause (OTSC) by certified mail to Frank R. Pennington, 
M.D., notifying him of an opportunity to show cause as to why the DEA 
should not deny his pending application, dated September 10, 1996, for 
a DEA Certificate of Registration as a practitioner, pursuant to 21 
U.S.C. 824(a)(3), for the reason that he is not currently authorized to 
handle controlled substances in the State of Tennessee. The order also 
notified Dr. Pennington that, should no request for hearing be filed 
within 30 days, his right to a hearing would be considered waived.
    The DEA mailed the show cause order to Dr. Pennington by certified 
mail to two separate addresses, and received postal return receipts 
from each. No request for a hearing or any other response was received 
by DEA from Dr. Pennington or anyone purporting to represent him in 
this matter, however. Therefore, the Administrator of the DEA, finding 
that (1) thirty days have passed since receipt of the Order to Show 
Cause, and (2) no request for a hearing having been received, concludes 
Dr. Pennington is deemed to have waived his right to a hearing. After 
considering relevant 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(1999).
    The Administrator finds that on December 14, 1994, Dr. Pennington 
surrendered his previous DEA Certificate of Registration, Number 
AP7244445, following his felony conviction by the United States 
District Court for the Western District of Tennessee of obtaining 
controlled dangerous substances by fraud or deceit on October 27, 1994. 
Dr. Pennington's previously revoked medical license was reinstated by 
the Tennessee Board of Medical Examiners on November 20, 1996, pursuant 
to an application by Dr. Pennington dated September 10, 1996. On 
October 21, 1999, in the United States District Court for the Western 
District of Tennessee, Dr. Pennington pleaded guilty to a felony count 
of unlawful possession with intent to distribute a Schedule II 
controlled substance. By order dated November 9, 1999, the Tennessee 
Board of Medical Examiners revoked Dr. Pennington's license to practice 
medicine in the State of Tennessee. There is no evidence in the 
investigative file that Dr. Pennington's medical license has been 
reinstated since that time. Therefore, the Administrator finds that Dr. 
Pennington is not currently authorized to practice medicine in the 
State of Tennessee and as a result, it is reasonable to infer that he 
also is not authorized to handle controlled substances in that State.
    The DEA does not have the statutory authority pursuant to the 
Controlled Substances Act to issue or to 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

[[Page 15763]]

824(a)(3). This prerequisite has been consistently upheld in prior DEA 
cases. See Romeo J. Perez, M.D., 62 FR 16, 193 (DEA 1997); Demetris A. 
Green, M.D., 61 FR 60,728 (DEA 1996); Dominick A. Ricci, M.D., 58 FR 
51,104 (DEA 1993). Here it is clear that Dr. Pennington is not 
currently authorized to handle controlled substances in the State of 
Tennessee. As a result, he is not entitled to a DEA registration in 
that State.
    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) and 0.104, hereby orders that the 
application for a DEA Certificate of Registration submitted by Frank R. 
Pennington, M.D. be denied. This order is effective April 19, 2001.

    Dated: March 8, 2001.
Donnie R. Marshall,
Administrator.
[FR Doc. 01-6909 Filed 3-19-01; 8:45 am]
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