[Federal Register Volume 67, Number 97 (Monday, May 20, 2002)]
[Notices]
[Pages 35581-35582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12483]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Joseph Thomas Allevi, M.D.; Revocation of Registration

    On July 24, 2001, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause (OTSC) by certified mail to Joseph Thomas Allevi, 
M.D., notifying him of an opportunity to show

[[Page 35582]]

cause as to why the DEA should not revoke his DEA Certificate of 
Registration, BA4784927, 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. Allevi was not authorized by the 
State of California to handle controlled substances. The order also 
notified Mr. Allevi 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. Allevi at his DEA registered premises in 
Laguna Niguel, California. The OTSC was returned, marked ``Attempted, 
Not Known.'' To date, no communications have been received from Dr. 
Allevi nor anyone purporting to represent him.
    Therefore, the Deputy Administrator, finding that (1) 30 days 
having passed since the DEA made a legally sufficient attempt to serve 
the Order to Show Cause, and (2) no request for a hearing having been 
received, concludes that Dr. Allevi is deemed to have waived his right 
to a hearing. Following a complete review of the investigative file in 
this matter, the Deputy Administrator now enters his final order 
without a hearing pursuant to 21 CFR 1301.43(d) and (e), and 1301.46.
    The Deputy Administrator finds as follows. Dr. Allevi currently 
possesses DEA Certificate of Registration BA4784927, issued to him in 
California. By Order of the Medical Board of California (Board), dated 
May 8, 2000, the State of California issued charges seeking the 
revocation of Dr. Allevi's Physician's and Surgeon's Certificate. The 
Board outlined five separate causes for discipline, including inter 
alia an allegation that between December 1999 and April 2000, Dr. 
Allevi issued false prescriptions for Schedule III and IV controlled 
substances in the names of his wife and daughters, but in fact was 
obtaining the prescriptions for his own personal use. Dr. Allevi 
subsequently admitted to an investigating law enforcement officer that 
he was addicted to controlled substances, and was diverting controlled 
substances for his own personal use. Each of the five causes for 
discipline set forth in the Order by the Board stemmed from various 
acts of misconduct by Dr. Allevi concerning the mishandling of 
controlled substances.
    As a result of the Board's action, Dr. Allevi entered into a 
Stipulation for Surrender of License with the Board, effective August 
29, 2000. Among the terms and conditions was an agreement that Dr. 
Allevi surrender his Physician's and Surgeon's Certificate. The 
investigative file contains no evidence that Dr. Allevi's Certificate 
has been reinstated. Therefore, the Deputy Administrator concludes that 
Dr. Allevi 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 Deputy Administrator finds the Government 
has presented evidence demonstrating that Dr. Allevi is not authorized 
to practice medicine in California, and therefore, the Deputy 
Administrator infers that Dr. Allevi is also not authorized to handle 
controlled substances in California, the state in which he holds his 
DEA Certificate of Registration.
    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 ).104, hereby orders that the DEA 
Certificate of Registration BA4784927, previously issued to Joseph 
Thomas Allevi, M.D., be, and it hereby is, revoked. The Deputy 
Administrator hereby further orders that any pending applications for 
renewal or modification of said registration be, and hereby are, 
denied. This order is effective June 19, 2002.

John B. Brown, III,
Deputy Administrator.
[FR Doc. 02-12483 Filed 5-17-02; 8:45 am]
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