[Federal Register Volume 67, Number 186 (Wednesday, September 25, 2002)]
[Notices]
[Page 60257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24275]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 02-34]


Raphael Arwas, D.D.S., Revocation of Registration

    On February 21, 2002, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Raphael Arwas, D.D.S. (Respondent), proposing to 
revoke his DEA Certificate of Registration, BA3513050, pursuant to 21 
U.S.C. 824(a)(3) and deny any pending applications for renewal or 
modification of such registration under 21 U.S.C. 823(f). As a basis 
for revocation, the Order to Show Cause alleged that the Respondent is 
not currently authorized to practice dentistry or handle controlled 
substances in Florida, the state in which he practices.
    By letter dated March 20, 2002, the Respondent, through counsel, 
requested a hearing in this matter. On March 27, 2002, the Government 
filed Government's Motion for Summary Disposition. On March 28, 2002, 
the presiding Administrative Law Judge Mary Ellen Bittner (Judge 
Bittner) issued a Memorandum to Counsel providing Respondent until 
April 18, 2002, to respond to the Government's Motion. However, the 
Respondent did not file a response.
    On April 29, 2002, Judge Bittner issued her Opinion and Recommended 
Decision of the Administrative Law Judge (Opinion and Recommended 
Decision) 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 Florida. In granting the 
Government's motion, Judge Bittner also recommended that the 
Respondent's DEA registration be revoked and any pending applications 
for modification or renewal be denied. Neither party filed exceptions 
to her Opinion and Recommended Decision, and on May 29, 2002, Judge 
Bittner transmitted the record of these proceedings to the Office of 
the Deputy Administrator.
    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 to the Administrative Law Judge.
    The Deputy Administrator finds that the Respondent currently 
possesses DEA Certificate of Registration BA3513050, issued to him at 
an address in Aventura, Florida. The Deputy Administrator further finds 
that on December 12, 2001, the State of Florida Department of Health 
(Department of Health) issued an Order of Emergency Suspension of 
License suspending the Respondent's license to practice dentistry. In 
addition, a Continuing Education Providers Information document 
provided by the Government with its Motion for Summary Disposition 
reveals that the Respondent's dental license remained suspended as of 
January 29, 2002. There is no evidence before the Deputy Administrator 
that the suspension has been stayed or lifted. In her Opinion and 
Recommended Decision, Judge Bittner found that the Respondent is 
without state authority to handle controlled substances.
    Therefore, the Deputy Administrator finds that the Respondent is 
not currently authorized to practice dentistry in the State of Florida 
and 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., 53 FR 11919 (1988).
    Here, it is clear that Respondent is not licensed to handle 
controlled substances in Florida. Since Respondent lacks such 
authority, he is not entitled to a DEA registration in that state.
    In light of the above, Judge Bittner 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 Florida. 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 
Certificate of Registration BA3513050, issued to Raphael Arwas, D.D.S. 
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. 02-24275 Filed 9-24-02; 8:45 am]
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