[Federal Register Volume 66, Number 202 (Thursday, October 18, 2001)]
[Notices]
[Page 52944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26182]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Lionel Resnick, M.D.; Revocation of Registration

    The Deputy Assistant Administrator, Office of Diversion Control, 
Drug Enforcement Administration (DEA), issued an Order to Show Cause 
(OTSC), dated February 6, 2001, by certified mail to Lionel Resnick, 
M.D., (Respondent) notifying him of an opportunity to show cause as to 
why the DEA should not revoke his DEA Certificate of Registration 
AR9599309, pursuant to 21 U.S.C. 824(a)(3), and deny any pending 
applications for renewal or modification of this registration, pursuant 
to 21 U.S.C. 823(f). The OTSC alleged that Respondent's license to 
practice medicine in the jurisdiction in which Respondent practices, 
the State of Florida, was suspended effective October 19, 1999, by the 
Florida Department of Health based upon Respondent's convictions of 
eighteen felony counts of mail fraud, in violation of 18 U.S.C. 1341, 
by the United States District Court, Southern District of Florida. By 
letter filed March 21, 2001, Respondent requested a hearing in this 
matter.
    On April 2, 2001, the Government filed a Motion for inter alia 
Summary Disposition, on the grounds that Respondent is not currently 
authorized to handle controlled substances in the jurisdiction in which 
he is currently registered with DEA. On April 3, 2001, Administrative 
Law Judge Mary Ellen Bittner issued a Memorandum to Counsel and Order 
allowing Respondent until April 24, 2001, to respond to the 
Government's motions, and holding a previously-issued Order for 
Prehearing Statements in abeyance pending a ruling on the Government's 
motions.
    The Government attached to its Motion a copy of an Administrative 
Complaint issued by the Department of Health, State of Florida, and 
signed by the Secretary and Chief Medical Attorney for the Board of 
Medicine, and also a document from the Florida Department of Health, 
Health Licensee Information website, dated July 21, 2000, indicating 
Respondent's license status as suspended. In light of these 
attachments, the Government asserts that Respondent does not have a 
valid license to practice medicine or to handle controlled substances 
in Florida, the jurisdiction of his practice as indicated on his DEA 
Certificate of Registration. As of this date, the investigative file 
contains no response from Respondent nor anyone purporting to represent 
him.
    Judge Bittner rendered her Opinion and Recommended Ruling on May 
16, 2001, recommending that Respondent's DEA registration be revoked, 
and any pending applications for renewal or modification be denied. On 
June 18, 2001, Judge Bittner transmitted the record of these 
proceedings to the Office of the Deputy Administrator.
    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. 
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 Florida, and therefore, the Administrator 
concluded that Respondent is also not authorized to handle controlled 
substances in Florida, where he conducts business, according to the 
address listed on his DEA Certificate of 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 Florida 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 meaningless tasks. 
See Michael G. Dolin, M.D., 65 FR 5661 (2000); 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 DEA 
Certificate of Registration AR 9599309, issued to Lionel Resnick, M.D., 
be, and it hereby is, revoked; and that any pending applications for 
the renewal or modification of said Certificate be denied. This order 
is effective November 19, 2001.

    Dated: October 10, 2001.
Asa Hutchinson,
Administrator.
[FR Doc. 01-26182 Filed 10-17-01; 8:45 am]
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