[Federal Register Volume 67, Number 229 (Wednesday, November 27, 2002)]
[Notices]
[Page 70968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30022]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


James F. Graves, M.D.; Revocation of Registration

    On April 8, 2002, the Administrator of the Drug Enforcement 
Administration (DEA), issued an Order to Show Cause, Immediate 
Suspension of Registration, to James F. Graves, M.D. (Dr. Graves) of 
Milton, Florida, notifying him of an opportunity to show cause as to 
why DEA should not revoke his DEA Certificate of Registration, 
AG3101235 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. Graves is not 
currently authorized to handle controlled substances in Florida, the 
state in which he practices, and had been convicted of a felony 
involving controlled substances. The order also notified Dr. Graves 
that should no request for a hearing be filed within 30 days, his 
hearing right would be deemed waived.
    By letter dated April 16, 2002, Dr. Graves requested an 
administrative hearing. On May 7, 2002, DEA filed Government's Motion 
for Summary Disposition and Request for Stay of the Filings 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. Graves did 
not respond to the Motion. On July 10, 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. Graves' 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 recitation 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 CFR 1301.43(d) and (e) and 1301.46.
    The Deputy Administrator finds that Dr. Graves possesses DEA 
Certificate of Registration AG3101235. On January 29, 2002, the Florida 
Department of Health ordered an emergency suspension of Dr. Graves' 
medical license. Loss of state authority to engage in the practice of 
medicine is an independent ground to revoke a practioner'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 12847 (DEA 1997); Bobby Watts, M.D., 53 
FR 11919 (DEA 1988).
    Dr. Graves has not denied that he is currently not licensed to 
practice medicine in Florida, 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, adversarial administrative proceedings is not 
required. See Jesus R. Juarez, M.D., 62 FR 14945 (DEA 1997).
    Accordingly, the Deputy Administrator of the Drug Enforcement 
Administration, pursuant to the authority vested in him be 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 AG3101235 issued to James F. Graves, 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 27, 2002.

    Dated: November 4, 2002.
John B. Brown, III,
Deputy Administrator.
[FR Doc. 02-30022 Filed 11-26-02; 8:45 am]
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