[Federal Register Volume 67, Number 96 (Friday, May 17, 2002)]
[Notices]
[Pages 35136-35137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12356]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Steven J. Watterson Denial of Application

    On May 21, 2001, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause (OTSC) by certified mail to Steven J. Watterson, 
notifying him of an opportunity to show cause as to why the DEA should 
not deny his application for DEA registration, pursuant to 21 U.S.C. 
823(f), for reason that Mr. Watterson was not licensed to conduct 
controlled substance research activity by the Tennessee Board of 
Pharmacy. The OTSC also notified Mr. Watterson that should no request 
for hearing be filed within 30 days, his right to a hearing would be 
deemed waived.
    The OTSC was sent certified mail, return receipt requested, to the 
address listed on Mr. Watterson's application for DEA registration. DEA 
received a return receipt dated May 29, 2001, signed on behalf of Mr. 
Watterson. No request for a hearing or any other response was received 
from Mr. Watterson nor anyone purporting to represent him in this 
matter. Therefore, the Deputy Administrator, finding that (1) 30 days 
having passed since the receipt of the OTSC, and (2) no request for a 
hearing having been received, concludes that Mr. Watterson has waived 
his right to a hearing. Having completely reviewed the investigative 
file in this matter, the Deputy Administrator hereby enters his final 
order without a hearing, pursuant to 21 CFR 1301.43(d) and (e) and 
1301.46.
    The Deputy Administrator finds that Mr. Watterson applied with the 
Tennessee Board of Pharmacy, Department of Commerce and Insurance 
(Board) for a research license pursuant to the Tennessee Legend Drug 
and Controlled Substance Research Act of 1984. By letter dated November 
27, 2000, the Director of the Board informed Mr. Watterson that ``we 
must deny the issuance of this license because the activity described 
in your application does not fall with [sic] the parameters delineated 
by the statute.''
    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 
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 undisputed evidence demonstrating that Mr. Watterson is not 
authorized to handle controlled substances in the State of Tennessee, 
the state in which he seeks to obtain a DEA registration. As a result, 
he is not entitled to a DEA registration in that State.
    Since DEA does not have the statutory authority to issue Mr. 
Watterson a DEA registration because he is not currently authorized to 
handle controlled substances in Tennessee, the Deputy Administrator 
concludes that it is not necessary to determine whether Mr. Watterson's 
application is consistent with the public interest.
    Accordingly, the Deputy 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 
application for a DEA Certificate of Registration

[[Page 35137]]

submitted by Steven J. Watterson, be, and it hereby is, denied. This 
order is effective June 17, 2002.

    Dated: May 6, 2002.
John B. Brown III,
Deputy Administrator.
[FR Doc. 02-12356 Filed 5-16-02; 8:45 am]
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