[Federal Register Volume 67, Number 186 (Wednesday, September 25, 2002)]
[Notices]
[Page 60258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24274]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 02-37]


James Greene Hamilton, M.D., Revocation of Registration

    On February 27, 2002, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to James Greene Hamilton, M.D. (Respondent), 
proposing to revoke his DEA Certificate of Registration, BH5401550, and 
deny any pending applications for renewal or modification of that 
registration under 21 U.S.C. 823(f) for reason that such registration 
would be inconsistent with the public interest. The Order to Show Cause 
further proposed the revocation of the Respondent's DEA registration 
pursuant to 21 U.S.C. 824(a)(3) based on the suspension of his North 
Carolina medical license.
    By letter dated April 22, 2002, along with supporting documents, 
the Respondent acting pro se requested a hearing in this matter. On May 
17, 2002, the Government filed Government's Request for Stay of 
Proceedings and Motion for Summary Judgment (Motion). On May 21, 2002, 
the presiding Administrative Law Judge Gail A. Randall (Judge Randall) 
issued an Order Granting Stay (Order) in which the Government's motion 
for stay of the proceedings was granted. The Order further provided the 
Respondent until June 5, 2002, to respond to the Government's Motion. 
However, the Respondent did not file a response.
    On July 9, 2002, Judge Randall issued her Opinion and Recommended 
Ruling of the Administrative Law Judge (Opinion and Recommended Ruling) 
in which she granted the Government's motion for summary disposition 
and found that the Respondent lacks authorization to handle controlled 
substances in the State of North Carolina. In granting the Government's 
motion, Judge Randall further recommended that the Respondent's DEA 
registration be revoked. Neither party filed exceptions to her Opinion 
and Recommended Decision, and on August 8, 2002, Judge Randall 
transmitted the record of these proceedings to the Office of the Deputy 
Administrator.
    The Deputy Administrator finds that the Respondent currently 
possesses DEA Certificate of Registration BH5401550, issued to him at 
an address in Durham, North Carolina. The Respondent also previously 
held medical license number 29583, issued to him on May 25, 1996 by the 
North Carolina Medical Board (Board). The Deputy Administrator further 
finds that by Order of the Board dated November 21, 2000, the 
Respondent's medical license was summarily suspended. On February 21, 
2001, the Respondent entered into a Consent Order with the Board 
whereby agreed to voluntarily surrender his medical license.
    There is no evidence before the Deputy Administrator that the 
Respondent's medical license has been reinstated. In her Opinion and 
Recommended Ruling, Judge Randall found that the Respondent lacks state 
authorization to handle controlled substances. Therefore, the Deputy 
Administrator finds that the Respondent is not currently authorized to 
practice medicine in the State of North Carolina. As a result, it is 
reasonable to infer that he is also without authorization to handle 
controlled substances in that state.
    DEA does not have statutory authority under the Controlled 
Substances Act to issue or maintain a registration if the applicant or 
registrant is without state authority to handle controlled substances 
in the state in which he conducts business. See 21 U.S.C. 802(21), 
823(f) and 824(a)(3). This prerequisite has been consistently upheld. 
See Muttaiya Darmarajeh, M.D., 66 FR 52936 (2001); Dominick A. Ricci, 
M.D. 58 FR 51104 (1993); Bobby Watts, M.D., 63 FR 11919 (1988).
    Here, it is clear that Respondent is not licensed to handle 
controlled substances in North Carolina. Since Respondent lacks such 
authority, he is not entitled to a DEA registration in that state.
    In light of the above, Judge Randall properly granted the 
Government's Motion for Summary Disposition. The parties do not dispute 
the fact that Respondent is currently without authorization to handle 
controlled substances in North Carolina. Therefore, it is well-settled 
that when no question of material fact is involved, a plenary, 
adversary administrative proceeding involving evidence and cross-
examination of witnesses is not obligatory. See Gilbert Ross, M.D., 61 
FR 8664 (1996); Philip E. Kirk, M.D., 48 FR 32,887 (1983), aff'd sub 
nom Kirk v. Mullen, 749 F.2d 297 (6th Cir. 1984); NLRB v. International 
Association of Bridge, Structural and Ornamental Ironworkers, AFL-CIO, 
549 F.2d 634 (9th Cir. 1977).
    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 
Certification of Registration BH5401550, issued to James Greene 
Hamilton, M.D., be, and it hereby is, revoked. The Deputy Administrator 
further orders that any pending applications for renewal of such 
registration be, and they hereby are, denied. This order is effective 
October 25, 2002.

    Dated: September 18, 2002.
John B. Brown III,
Deputy Administrator.
[FR Doc. 02-24274 Filed 9-24-02; 8:45 am]
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