[Federal Register Volume 67, Number 97 (Monday, May 20, 2002)]
[Notices]
[Page 35588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12484]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Willard W. Leiske, M.D., Revocation of Registration

    On December 21, 2001, the Deputy Assistant Administrator, Office of 
Division Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause (OTSC) by certified mail to Willard W. Leiske, 
M.D., notifying him of an opportunity to show cause as to why the DEA 
should not revoke his DEA Certificate of Registration, AL6303046, 
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. Leiske was not authorized by the State of California 
to handle controlled substances. The order also notified Dr. Leiske 
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. Leiske at his DEA registered premises in 
Big Bear Lake, California. The OTSC was returned, marked ``Returned To 
Sender.'' To date, no communications have been received from Dr. Leiske 
nor anyone purporting to represent him.
    Therefore, the Deputy Administrator, finding that (1) 30 days 
having passed since a legally sufficient attempt to serve the Order to 
Show Cause, and (2) no request for a hearing having been received, 
concludes that Dr. Leiske 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. Leiske currently 
possesses DEA Certificate of Registration AL6303046, issued to him in 
California. By Decision and Order dated May 19, 2000, the Medical Board 
of California, Division of Medical Quality (Board) adopted as its 
Decision a Stipulation for Surrender of License signed by Dr. Leiske 
April 25, 2000, whereby he surrendered his medical license and 
acknowledged that he would no longer be permitted to practice as a 
physician and a surgeon in California. The investigative file contains 
no evidence that Dr. Leiske's medical license has been reinstated.
    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. Leiske is not authorized 
to practice medicine in California, and therefore, the Deputy 
Administrator infers that Dr. Leiske 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 0.104, hereby orders that the DEA 
Certificate of Registration AL6303046, previously issued to Willard W. 
Leiske, 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.

    Dated: May 6, 2002.
John B. Brown III,
Deputy Administrator.
[FR Doc. 02-12484 Filed 5-17-02; 8:45 am]
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