[Federal Register Volume 67, Number 97 (Monday, May 20, 2002)]
[Notices]
[Pages 35590-35591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12492]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Randall M. Schaffer, D.D.S.; Revocation of Registration

    On August 6, 1999, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause (OTSC) by certified mail to Randall M. Schaffer, 
D.D.S., (Respondent) notifying him of an opportunity to show cause as 
to why the DEA should not revoke his DEA Certificate of Registrations, 
AS1641554 and BS3509289, and deny any applications for modification or 
renewal, pursuant to 21 U.S.C. 824(a)(4) and 823(f), for reason that 
Respondent's registration would be inconsistent with the public 
interest. Following prehearing procedures, a hearing was held on March 
28 and 29, 2000, in New Orleans, Louisiana.
    On October 4, 2000, Administrative Law Judge Mary Ellen Bittner 
(Judge Bittner) issued an Opinion and Recommended Ruling, Findings of 
Fact, Conclusions of Law, and Decision of Administrative Law Judge, 
recommending that Respondent's registration be continued with 
restrictions. By letter dated November 21, 2000, Judge Bittner 
transmitted the complete record to the Deputy Administrator for final 
decision in this matter.
    On January 11, 2001, the Government filed a request for remand with 
the Deputy Administrator. On January 26, 2001, the Administrator of the 
DEA remanded the record to Judge Bittner for further proceedings, 
because ``(b)y correspondence dated January 11, 2001, I was informed by 
counsel for the Government that new and previously unavailable evidence 
had recently been acquired by the Government, and that such evidence 
may affect the outcome of these proceedings.''
    On February 16, 2001, counsel for the Government filed the 
Government's Motion to Reopen Record and Admission of Supplemental 
Evidence. On February 27, 2001, Respondent filed the Respondent's 
Response to the Government Motion.
    By her Ruling on Motion and Order Rescinding Opinion and 
Recommended Ruling, Findings of Fact, Conclusions of Law and Decision 
of Administrative Law Judge dated March 27, 2001, Judge Bittner granted 
the Government's Motion and rescinded the Opinion and Recommended 
Ruling, Findings of Fact, Conclusions of Law and Decision of 
Administrative Law Judge issued October 4, 2000. In her Supplemental 
Opinion and Recommended Decision of the Administrative Law Judge dated 
March 27, 2001, Judge Bittner recommended that Respondent's DEA 
Certificate of Registrations be revoked and any pending applications 
for renewal be denied on the basis that Respondent lacks state 
authority to handle controlled substances.
    The Deputy Administrator has considered the record in its entirety, 
and pursuant to 21 CFR 1316.67, hereby issues his final order based 
upon findings of fact and conclusions of law as hereinafter set forth. 
The Deputy Administrator adopts in full the Opinion and Recommended 
Decision of the Administrative Law Judge.
    The additional evidence submitted by the Government consists of a 
Revised Decision of the Louisiana State Board of Dentistry (Board) 
dated September 20, 2000, ordering the revocation of the Respondent's 
license to practice dentistry in the State of Louisiana, and a letter 
from the Louisiana Department of Health and Hospitals to Respondent 
dated December 4, 2000, revoking Respondent's Louisiana Controlled 
Substance License.
    The DEA does not have the statutory authority pursuant to the 
Controlled Substance 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 Deputy Administrator finds the Government 
has presented evidence demonstrating that the Respondent is not 
authorized to practice dentistry in Louisiana, and furthermore, that 
Respondent's state authority to handle controlled substances has been 
revoked. Respondent does not deny that he is not currently authorized 
to handle controlled substances in the State of Louisiana. The Deputy 
Administrator finds that Judge Bittner allowed Respondent ample time to 
refute the Government's evidence, and that Respondent has submitted no 
evidence or assertions to the contrary. Respondent cites no authority 
for his assertion that revocation of his DEA Certificate of 
Registrations would be premature and a violation of due process.
    According, 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 Registrations, AS1641554 and BS3509289, previously 
issued to Randall M. Schaffer, D.D.S., be, and it hereby is, revoked, 
and any pending applications for renewal or modification and said 
Certificate be, and hereby are,

[[Page 35591]]

denied. This order is effective June 19, 2002.

    Dated: May 6, 2002.
John B. Brown III,
Deputy Administrator.
[FR Doc. 02-12492 Filed 5-17-02; 8:45 am]
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