[Federal Register Volume 67, Number 218 (Tuesday, November 12, 2002)]
[Notices]
[Page 68688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28659]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Alfred S. Santucci, D.M.D.; Revocation of Registration

    On May 13, 2002, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Alfred S. Santucci, D.M.D. of Niles, Ohio, 
notifying him of an opportunity to show cause as to why DEA should not 
revoke his DEA Certificate of Registration, BS1782665 under 21 U.S.C. 
824(a), and deny any pending applications for renewal or modification 
of that registration. As a basis for revocation, the Order to Show 
Cause alleged that Dr. Santucci not currently authorized to handle 
controlled substances in Ohio, the state in which he practices, and had 
been convicted of a felony involving controlled substances. The order 
also notified Dr. Santucci that should no request for a hearing be 
filed within 30 days, his hearing right would be deemed waived.
    By letter of June 10, 2002, Dr. Santucci requested an 
administrative hearing. On July 9, 2002, DEA filed the Government's 
Motion for Summary Disposition and Request for Stay of the Filing of 
Prehearing Statement. The Motion was based upon the argument that no 
facts were at issue: DEA cannot register or maintain the registration 
of a practitioner who is not duly authorized to handle controlled 
substances in the state in which he conducts business. Dr. Santucci did 
not respond to the Motion. On September 18, 2002, Administrative Law 
Judge Mary Ellen Bittner certified and transmitted the record in the 
matter to the Deputy Administrator along with her Opinion and 
Recommended Decision. In her Decision, the Administrative Law Judge 
granted DEA's Motion for Summary Disposition and recommended that Dr. 
Santucci's DEA registration be revoked.
    The Deputy Administrator has carefully reviewed the entire record 
in this matter, as defined above, and hereby issues this final order as 
prescribed by 1301.46, based upon the following findings and 
conclusions. The Deputy Administrator adopts the Opinion and 
Recommended Decision of the Administrative Law Judge, and his adoption 
is in no manner diminished by any recitative of facts, issues and 
conclusions herein, or of any failure to mention a matter of fact or 
law. The Deputy Administrator now enters his final order without a 
hearing pursuant to 21 C.F.R. 1301.43(d) and (e) and 1301.46.
    The Deputy Administrator finds that Dr. Santucci possesses DEA 
Certificate of Registration B1782665. On February 14, 2001, Dr. 
Santucci entered into a consent agreement with Ohio State Dental Board 
which imposed an indefinite suspension of Dr. Santucci's license to 
practice dentistry. Loss of state authority to engage in the practice 
of medicine is an independent ground to revoke a practitioner's 
registration under 21 U.S.C. 824(a)(3). This agency has consistently 
held that a person may not maintain a DEA registration if he is without 
appropriate authority under the laws of the State in which he does 
business. See Anne Lazar Thorn, M.D., 62 FR 12,847 (DEA1997); Bobby 
Watts, M.D., 53 FR 11,919 (DEA 1988); Robert F. Witek, D.D.S., 52 FR 
47,770 (DEA 1987).
    Dr. Santucci has not denied that he is currently not licensed to 
practice medicine in Ohio, the jurisdiction in which he is registered. 
Accordingly, he is not entitled to a DEA registration. As the 
Administrative Law Judge stated, it is well-settled that when no 
question of fact is involved, or when the material facts are agreed 
upon, a plenary, adversial administrative proceedings is not required. 
See Jesus R. Jaurez, M.D., 62 FR 14,945 (DEA 1997); Dominick A. Ricci, 
M.D., 58 FR 51,104 (DEA 1993).
    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, grants the agency's Motion 
for Summary Disposition and hereby orders that DEA Certificate of 
Registration BSS1782665 issued to Alfred S. Santucci, D.M.D. be, and 
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 December 12, 2002.

    Dated: October 28, 2002.
John B. Brown, III,
Deputy Administrator.
[FR Doc. 02-28659 Filed 11-8-02; 8:45 am]
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