[Federal Register Volume 66, Number 202 (Thursday, October 18, 2001)]
[Notices]
[Pages 52938-52939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26183]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


William Echandy-Ochoa, 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 June 26, 2000, by certified mail to William Echandy-
Ochoa, M.D., (Respondent) notifying him of an opportunity to show cause 
as to why the DEA should not evoke his DEA Certificate of Registration 
BE4263206, pursuant to 21 U.S.C. 824(a)(2) and (3), and deny any 
pending applications for renewal or modification of this registration, 
pursuant to 21 U.S.C. 823(f). The OTSC stated that Respondent's license 
to practice medicine in the jurisdiction in which Respondent practices, 
Puerto Rico, was revoked, and that Respondent had been convicted, in 
Puerto Rico, of a felony related to the distribution of controlled 
substances. By letter dated July 19, 2000, Respondent, through counsel, 
requested a hearing in this matter.
    On August 9, 2000, Administrative Law Judge Gail A. Randall issued 
an Order for Prehearing Statements. On August 10, 2000, the Government 
filed a Request for Stay of Proceedings and Motion for Summary 
Disposition. On August 14, 2000, Judge Randall issued an Order allowing 
Respondent until August 29, 2000, to respond to the Government's 
motion, and stayed the proceeding pending the resolution of the 
Government's motion. Following some procedural confusion, the 
Respondent on October 10, 2000, filed a Motion to Withdraw Allegations 
to the Honorable Administration, admitting that his license to practice 
medicine in Puerto Rico was revoked, and requesting that summary 
disposition be entered in favor of the Government. Judge Randall 
rendered her Opinion and Recommended Ruling on October 16, 2000, 
recommending that Respondent's DEA registration be revoked, and any 
pending renewal applications be denied. On November 21, 2000, Judge 
Randall 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 Saihb S. Halil, M.D., 64 FR 33319 (1999) (noting 
the rule in a matter involving a registration for Puerto Rico); Diodo 
Leduc, d/b/a Farmacia Leduc, 51 FR 12751 (1986) and cases cited 
therein; see also Graham Travers Schuler, M.D., 65 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 Respondent 
affirmatively concedes that, currently, he is not authorized to handle 
controlled substances in Puerto Rico, and there is no evidence in the 
record that Respondent maintained a medical practice anywhere else. 
Furthermore, Respondent affirmatively requests that the Government's 
Motion for Summary Disposition be granted. Thus, there is no genuine 
issue of material fact; in fact, there is no dispute at all.
    The Administrator concurs with Judge Randall'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 BE4263206, issued to William Echandy-Ochoa, 
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.


[[Page 52939]]


    Dated: October 10, 2001.
Asa Hutchinson,
Administrator.
[FR Doc. 01-26183 Filed 10-17-01; 8:45 am]
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