[Federal Register Volume 66, Number 202 (Thursday, October 18, 2001)]
[Notices]
[Page 52941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26186]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Jerry Clifton Lingle, M.D.; Revocation of Registration

    On October 10, 2000, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause (OTSC) by certified mail to Jerry Clifton Lingle, 
M.D., notifying him of an opportunity to show cause as to why the DEA 
should not revoke his DEA Certificate of Registration, BL1508285, 
pursuant to 21 U.S.C. 824(a)(3), and deny any pending applications for 
renewal of such registration pursuant to 21 U.S.C. 823(f), on the 
grounds that Dr. Lingle was not authorized by the State of Florida to 
handle controlled substances. The order also notified Dr. Lingle that 
should no request for hearing be filed within 30 days, his right to a 
hearing would be deemed waived.
    The OTSC was sent to Dr. Lingle at his DEA registered premises in 
Fort Lauderdale, Florida. A postal delivery receipt was signed October 
28, 2000, on behalf of Dr. Lingle, indicating the OTSC was received. To 
date, no response has been received from Dr. Lingle nor anyone 
purporting to represent him.
    Therefore, the Administrator, finding that (1) 30 days having 
passed since the receipt of the Order to Show Cause, and (2) no request 
for a hearing having been received, concludes that Dr. Lingle is deemed 
to have waived his right to a hearing. Following a complete review of 
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.
    The Administrator finds as follows. Dr. Lingle currently possesses 
DEA Certificate of Registration BL1508285, issued to him in Florida. By 
Order of Emergency Suspension of License, dated June 9, 1999, the State 
of Florida, Department of Health, suspended Dr. Lingle's medical 
license, finding that ``Dr. Lingle's continued practice as a physician 
constitutes an immediate and serious danger to the health, safety and 
welfare of the public[.]'' The investigative file contains no evidence 
that the Emergency Suspension of Dr. Lingle's medical license has been 
lifted.
    Therefore, the Administrator concludes that Dr. Lingle is not 
currently licensed or authorized to handle controlled substances in 
Florida.
    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 Dr. Lingle is not authorized to 
practice medicine in Florida, and therefore, the Administrator infers 
that Dr. Lingle is also not authorized to handle controlled substances 
in Florida, the State in which he holds his DEA Certificate of 
Registration.
    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 DEA 
Certificate of Registration BL1508285, previously issued to Jerry 
Clifton Lingle, M.D., be, and it hereby is, revoked. The Administrator 
hereby further orders that any pending applications for renewal or 
modification of said registration be, and hereby are, denied. This 
order is effective November 19, 2001.

    Dated: October 10, 2001.
Asa Hutchinson,
Administrator.
[FR Doc. 01-26186 Filed 10-17-01; 8:45 am]
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