[Federal Register Volume 66, Number 202 (Thursday, October 18, 2001)]
[Notices]
[Pages 52936-52937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26188]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Muttaiya Darmarajah, M.D.; Revocation of Registration

    On May 29, 2001, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause (OTSC) by certified mail to Muttaiya Darmarajah, 
M.D., notifying him of an opportunity to show cause as to why the DEA 
should not revoke his DEA Certificate of Registration, AD3082702, 
pursuant to 21 U.S.C. 824(a)(3), and to deny any pending applications 
for renewal of such registration, pursuant to 21 U.S.C. 823(f), on the 
grounds that Dr. Darmarajah was not authorized by the State of Florida 
to handle controlled substances. The order also notified Dr. Darmarajah 
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. Darmarajah at his DEA registered premises 
in Panama City, Florida. A postal delivery receipt was signed June 11, 
2001, on behalf of Dr. Darmarajah, indicating the OTSC was received. To 
date, no response has been received from Dr. Darmarajah 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. Darmarajah 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. Darmarajah currently 
possesses DEA Certificate of Registration AD3082702, issued to him in 
Florida. By Final Order of the Board of Medicine, State of Florida, 
dated September 5, 2000, Dr. Darmarajah's license to practice medicine 
in the State of Florida was revoked. The revocation was based upon a 
State of Florida Department of Health Administrative Complaint alleging 
that Dr. Darmarajah pleaded guilty on or about May 14, 1998 in the 
United States District Court for the Northern District of Florida to 
knowingly and willfully charging the Civilian Health and Medical 
Program of the Uniformed Services and Medicare for false and fraudulent 
claims for reimbursement of health care services, in violation of 18 
U.S.C. 287, and also of filing a false and fraudulent tax return, in 
violation of 26 U.S.C. 7201. As a result, Dr. Darmarajah was sentenced 
to 15 months in Federal prison and $929,599.43 in restitution. The 
investigative file contains no evidence that Dr. Darmarajah's medical 
license has been reinstated or otherwise renewed.
    Therefore, the Administrator concludes that Dr. Darmarajah 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. Darmarajah is not authorized 
to practice medicine in Florida, and therefore, the Administrator 
infers that Dr. Darmarajah 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 AD3082702, previously issued to Muttaiya 
Darmarajah, 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.

Certificate of Service

    This is to certify that the undersigned, on October 10, 2001, 
placed a copy of the Final Order referenced in the enclosed letter in 
the interoffice mail addressed to Robert Walker, Esq., Office of Chief 
Counsel, Drug Enforcement Administration, Washington, D.C. 20537; and 
caused a copy to be mailed, postage prepaid, registered return receipt 
to Muttaiya Darmarajah, M.D., 2638 East 40th Street, Panama City, 
Florida 32405.


[[Page 52937]]


Karen C. Grant.

[FR Doc. 01-26188 Filed 10-17-01; 8:45 am]
BILLING CODE 4410-09-M