[Federal Register Volume 66, Number 202 (Thursday, October 18, 2001)]
[Notices]
[Pages 52935-52936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26184]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Iliana M. Cabeza, D.D.S.; Revocation of Registration

    On June 26, 2000, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause (OTSC) by certified mail to Iliana M. Cabeza, 
D.D.S., (Respondent) notifying her of an opportunity to show cause as 
to why the DEA should not revoke her DEA Certificate of Registration 
AC2230338, pursuant to 21 U.S.C. 824(a)(2), and (4), and deny any 
pending applications for renewal of this registration, pursuant to 21 
U.S.C. Sec. 823(f), for the reasons that Respondent entered a plea of 
guilty to Conspiracy to Possess with Intent to Distribute Cocaine, a 
Schedule II substance; and that the Florida Department of Health 
ordered the immediate suspension of the Respondent's state license to 
practice dentistry. By letter dated August 1, 2000, Respondent, through 
counsel, requested a hearing in this matter.
    On August 14, 2000, Administrative Law Judge Gail A. Randall issued 
an order for Prehearing Statements. On August 31, 2000, the Government 
filed a motion seeking summary disposition, arguing that Respondent is 
no longer authorized to handle controlled substances in the State of 
Florida, where Respondent's DEA Certificate of Registration states she 
conducts her business. The Government attached to its motion a copy of 
an Order of Emergency Suspension of License, issued by the Florida 
Department of Health; a copy of Respondent's DEA Certificate of 
Registration with an expiration date of August 31, 2002; and a sworn 
statement from the Chief of the Registration Unit of DEA, certifying 
the Certificate's authenticity.
    By an Order dated September 1, 2000, Judge Randall stayed the 
proceedings pending the resolution of the Government's motion, and she 
allowed the Respondent until September 12, 2000, to respond to the 
Government's motion. The Respondent did not file a response by this 
deadline. Rather, on October 13, 2000, the Respondent filed an 
Unopposed Motion for Enlargement of Time, asserting that the parties 
were attempting to resolve the matter. Although the motion was untimely 
filed, Judge Randall accepted it, and by order dated October 17, 2000, 
she allowed Respondent until November 20, 2000, to respond to the 
Government's Motion for Summary Disposition. As of this date, the 
investigative file contains no response from Response nor anyone 
purporting to represent her.
    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.

[[Page 52936]]

    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 dentistry in Florida, and therefore, the Administrator 
infers that Respondent is also not authorized to handle controlled 
substances in Florida, where she practices, according to the address 
listed on her DEA Certificate of Registration. The Administrator finds 
that Judge Randall 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 
dentistry in Florida or to handle controlled substances in that state.
    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 the DEA 
Certificate of Registration AC2230338, issued to Iliana M. Cabeza, 
D.D.S., 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. 01-26184 Filed 10-17-01; 8:45 am]
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