[Federal Register Volume 66, Number 202 (Thursday, October 18, 2001)]
[Notices]
[Pages 52939-52940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26176]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Carla Johnson, M.D.; Denial of Application

    On March 21, 2000, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause (OTSC) by certified mail to Carla M. Johnson, M.D., 
(Respondent) notifying her of an opportunity to show cause as to why 
the DEA should not deny her application for DEA registration, pursuant 
to 21 U.S.C. 823(f), for reason that Respondent's registration would be 
inconsistent with the public interest. On May 8, 2000, Respondent filed 
a request for a hearing in this matter.
    On August 10, 2000, the Government filed a Motion for Summary 
Disposition, asserting that Respondent is not currently authorized to 
handle controlled substances in the state in which she seeks a DEA 
Certificate of Registration, and attached a copy of an opinion from the 
Louisiana State Medical Board dated July 12, 2000, suspending 
Respondent's license to practice medicine in that State. On August 14, 
2000, Administrative Law Judge Mary Ellen Bittner issued a memorandum 
to Counsel granting Respondent until August 29, 2000, to file a 
response to the Government's motion. As of this date, Respondent has 
failed to respond to the Government's motion.

[[Page 52940]]

    The Administrator has considered the record in its entirety, and 
pursuant to 21 CFR 1316.67, hereby issues his final order based upon 
findings of fact and conclusions of law as hereinafter set forth. The 
Administrator adopts in full the Opinion and Recommended Decision of 
the Administrative Law Judge.
    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 or she practices. See 21 U.S.C. 
802(21), 823(f), and 824(a)(3). This prerequisite has been consistently 
upheld in prior DEA cases. See Graham Travers Schuler, M.D., 65 FR 
50570 (2000); 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).
    In the instant case, the Administrator finds the Government has 
presented evidence demonstrating that the Respondent is not authorized 
to practice medicine in Louisiana, and therefore, the Administrator 
infers that Respondent is also not authorized to handle controlled 
substances in Louisiana, the State in which she seeks to obtain a DEA 
registration. The Administrator finds that Judge Bittner allowed 
Respondent ample time to refute the Government's evidence, and that 
Respondent has submitted no evidence or assertions to the contrary. 
Thus, there is no genuine issue of material fact concerning 
Respondent's lack of authorization to practice medicine in Louisiana or 
to handle controlled substances in that State.
    The Administrator concurs with Judge Bittner's finding that it is 
well settled that when there is no question of material fact involved, 
there is no need for a plenary, administrative hearing. Congress did 
not intend for administrative agencies to perform meaning less tasks. 
See Michael G. Dolin, M.D., 65 FR 5661 (2001); Jesus R. Juarez, M.D., 
62 FR 14945 (1997); see also Philip E. Kirk, M.D., 48 FR 32887 (1983), 
aff'd sub nom. Kirk v. Mullen, 749 F.2d 297 (6th Cir. 1984).
    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 Carla M. 
Johnson, M.D., be, and it hereby is, denied. This order is effective 
November 19, 2001.

    Dated: October 10, 2001.
Asa Hutchinson,
Administrator.
[FR Doc. 01-26176 Filed 10-17-01; 8:45 am]
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