[Federal Register Volume 67, Number 97 (Monday, May 20, 2002)]
[Notices]
[Pages 35591-35592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12496]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Jonathan Weinstein, M.D.; Revocation of Registration

    On June 29, 2001, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to show Cause (OTSC) by certified mail to Jonathan Weinstein, 
M.D., (Respondent) notifying him of an opportunity to show cause as to 
why the DEA should not revoke his DEA Certificate of Registration 
BW5121948, pursuant to 21 U.S.C. 824(a)(3), and deny any pending 
applications for renewal of this registration, pursuant to 21 U.S.C. 
823(f), for the reason that Respondent is no longer authorized to 
handle controlled substances in the State in which he practices. By 
letter dated August 7, 2001, Respondent through counsel requested a 
hearing in this matter.
    On August 21, 2001, the Government filed a Request for Stay of 
Proceedings and Motion for Summary Disposition (Government's Motion), 
arguing that Respondent is no longer authorized to handle controlled 
substances in the Commonwealth of Virginia, where Respondent's DEA 
Certificate of Registration states he conducts his business. The 
Government attached to its Motion a copy of an Order of the Department 
of Health Professions, State of Virginia, dated February 16, 2000, 
suspending Respondent's license to practice medicine and surgery. The 
basis for the suspension of Respondent's medical license was his 
February 4, 2000 felony conviction, in the United States District Court 
for the eastern District of Virginia, of possession of

[[Page 35592]]

child pornography, a copy of which judgment was also attached to the 
Government's Motion.
    By letter dated September 1, 2001, Respondent requested a 
continuation in these proceedings, as he apparently was no longer being 
represented by counsel and needed to determine how to proceed. 
Respondent was granted until September 27, 2001, to respond to the 
Government's Motion.
    On September 27, 2001, Respondent filed a response to the 
Government's Motion, asserting that since his medical license had been 
suspended, rather than revoked, revocation of his DEA registration 
would be extreme and excessive. Respondent also contends that there are 
no guidelines requiring revocation of a DEA registration following a 
registrant's felony conviction.
    By Opinion and Recommended Decision of the Administrative Law Judge 
dated October 3, 2001, Mary Ellen Bittner (Judge Bittner) granted the 
Government's Motion, recommending that Respondent's DEA registration be 
revoked, and any pending applications for modification or renewal be 
denied. On November 19, 2001, the record of these proceedings was 
transmitted to the Deputy Administrator for final decision.
    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 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 Deputy Administrator finds the Government 
has presented undisputed evidence demonstrating that the Respondent is 
not authorized to practice medicine or surgery in Virginia, and 
therefore, the Deputy Administrator infers that Respondent is also not 
authorized to handle controlled substances in Virginia, where he 
practices, according to the address listed on his DEA Certificate of 
Registration. The Deputy Administrator concurs with Judge Bittner's 
findings that Respondent does not deny that he is not currently 
licensed to practice medicine in the Commonwealth of Virginia, the 
jurisdiction in which he is registered by DEA. Thus, there is no 
genuine issue of material fact concerning Respondent's lack of 
authorization to practice medicine in Virginia or to handle controlled 
substances in that State.
    The Deputy Administrator further concurs with Judge Bittner's 
finding that it is well settled that when there is no question of 
material fact involved, there is no need for a plenary, administrative 
hearing. Congress did not intend for administrative agencies to perform 
meaningless tasks. See Michael G. Dolin, M.D., 65 FR 5,661 (2000); 
Jesus R. Juarez, M.D., 62 FR 14,945 (1997); see also Philip E. Kirk, 
M.D., 48 FR 32,887 (1983), aff'd sub nom. Kirk v. Mullen, 749 F. 2d 297 
(6th Cir. 1984).
    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 DEA 
Certificate of Registration BW5121948, issued to Jonathan I. Weinstein, 
M.D., be, and it hereby is, revoked; and that any pending applications 
for the renewal or modification of said Certificate be, and hereby are, 
denied. This order is effective June 19, 2002.

    Dated: May 6, 2002.
John B. Brown, III,
Deputy Administrator.
[FR Doc. 02-12496 Filed 5-17-02; 8:45 am]
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