[Federal Register Volume 66, Number 202 (Thursday, October 18, 2001)]
[Notices]
[Pages 52934-52935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26189]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Lawrence C. Agee, M.D.; Revocation of Registration

    On January 25, 2001, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause (OTSC) by certified mail to Lawrence C. Agee, M.D., 
notifying him of an opportunity to show cause as to why the DEA should 
not revoke his DEA Certificate of Registration, BA0922903, pursuant to 
21 U.S.C. 824(a)(3), and deny any pending applications for renewal or 
modification of such registration pursuant to 21 U.S.C. 823(f), on the 
grounds that Dr. Agee is not licensed in California, the jurisdiction 
in which he practices. The order also notified Dr. Agee 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. Agee at his DEA registered premises in 
Auburn, California. Subsequently, on February 16, 2001, the letter was 
returned by the U.S. Postal Service, marked ``attempted, not known'' 
and ``not at this address.''
    The DEA Sacramento District Office then contacted the California 
Medical Board and obtained its address of record for Dr. Agee in 
Rocklin, California. The OTSC was then sent by certified mail to Dr. 
Agee at this address. On April 18, 2001, this second letter was also 
returned to DEA, marked ``not deliverable as addressed,'' and ``unable 
to forward,'' and ``moved left no address.''
    DEA has received no further information regarding the whereabouts 
of Dr. Agee, nor any information from anyone purporting to represent 
him in this matter. Therefore, the Administrator, finding that (1) 30 
days having passed since the attempted delivery of the Order to Show 
Cause at Dr. Agee's last known address, and (2) no request for a 
hearing having been received, concludes that Dr. Agee 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 (2001).
    The Administrator finds as follows: Dr. Agee currently possesses 
DEA Certificate of Registration BA0922903, issued to him in California. 
By Decision and Order effective October 11, 2000, the Medical Board of 
California adopted the Proposed Decision of the Division of Medical 
Quality, Medical Board of California, Department of Consumer Affairs, 
that Dr. Agee's Physician and Surgeon Certificate be suspended for an 
indefinite period. Therefore, the Administrator concludes that Dr. Agee 
is not currently licensed or authorized to handle controlled substances 
in California.
    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 50,570 
(2000); Romeo J. Perez, M.D., 62 FR 16,193 (1997); Demetris A. Green, 
M.D., 61 FR 60,728 (1996); Dominick A. Ricci, M.D., 58 FR 51,104 
(1993).
    In the instant case, the Administrator finds the Government has 
presented evidence demonstrating that Dr. Agee is not authorized to 
practice medicine in California, and therefore, the Administrator 
infers that Dr. Agee is also not authorized to handle controlled 
substances in California, 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 BA0922903 previously issued to Lawrence C. 
Agee, 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.


[[Page 52935]]


    Dated: October 10, 2001.
Asa Hutchinson,
Administrator.
[FR Doc. 01-26189 Filed 10-17-01; 8:45 am]
BILLING CODE 4410-09-M