[Federal Register Volume 68, Number 89 (Thursday, May 8, 2003)]
[Notices]
[Page 24761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11432]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Kenneth S. Nave, M.D.; Denial of Application

    On April 10, 2002, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Kenneth S. Nave, M.D. (Dr. Nave) of Chicago, 
Illinois, notifying him of an opportunity to show cause as to why DEA 
should not deny his pending application for DEA Certificate of 
Registration, pursuant to 21 U.S.C. 823(f) for reason that such 
registration would be inconsistent with the public interest. The Order 
to Show Cause also notified Dr. Nave that should no request for a 
hearing be filed within 30 days, his hearing right would be deemed 
waived.
    The Order to Show Cause was sent by certified mail to Dr. Nave at 
his proposed registered location in Chicago, Illinois. The order was 
returned to DEA on June 10, 2002 by the United States Postal Service 
indicating that it had been ``unclaimed.'' On June 11, 2002, DEA resent 
the show cause order to the same address by regular mail. The order was 
not returned. DEA has not received a request for hearing or any other 
reply from Dr. Nave or anyone purporting to represent him in this 
matter.
    Therefore, the Deputy Administrator of DEA, finding that (1) thirty 
days having passed since the attempted delivery of the Order to Show 
Cause at the applicant's last known address, and (2) no requests for 
hearing having been received, concludes that Dr. Nave is deemed to have 
waived his hearing right. See David W. Linder, 67 FR 12579 (2002). 
After considering material from the investigative file in this matter, 
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's review of the investigative file reveals 
that on January 3, 2002, the Illinois Medical Disciplinary Board 
(Board) issued its Findings of Fact, Conclusions of Law and 
Recommendation (Recommendation) to the Director of the State Department 
of Professional Regulation (Director). Following its finding of a 
``long history of chemical dependency with several relapses'' the Board 
recommended the indefinite suspension of Dr. Nave's Physician and 
Surgeon's license for a period of one year. The Director adopted the 
Board's Recommendation and effective March 5, 2002, ordered the 
indefinite suspension of Dr. Nave's Physician and Surgeon's license as 
well as his Controlled Substance license for a minimum period of one 
year.
    The Deputy Administrator's review of a DEA investigative report 
further revealed that as of April 3, 2003, Dr. Nave's Physician and 
Surgeon and Controlled Substance licenses remained suspended in the 
State of Illinois. As of the date of this final order, there is no 
evidence in the record that these licenses have been reinstated. 
Therefore, the Deputy Administrator's finds that Dr. Nave currently 
lacks state authorization to practice medicine and handle controlled 
substances in Illinois.
    DEA does not have statutory authority under the Controlled 
Substances Act to issue a registration if the applicant 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). The 
Deputy Administrator and his predecessors have consistently so held. 
See Douglas L. Geiger, M.D., 67 FR 64418 (2002); Theodore T. Ambadgis, 
M.D., 58 FR 5759 (1993); Ihsan A. Karaagac, M.D., 51 FR 34694 (1986).
    Here, it is clear that Dr. Nave is not licensed to handle 
controlled substances in Illinois, where he seeks registration with 
DEA. Therefore, he is not entitled to such registration. Because Dr. 
Nave lacks state authorization to handle controlled substances, the 
Deputy Administrator concludes that it is unnecessary to address 
whether or not his application for DEA registration should be denied 
based upon the public interest grounds asserted in the Order to Show 
Cause. See Samuel Silas Jackson, D.D.S., 67 FR 65145 (2002); Nathaniel-
Aikens-Afful, M.D., 62 FR 16871 (1997); Sam F. Moore, D.V.M., 58 FR 
14428 (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, hereby orders that the 
pending application for DEA Certification of Registration, submitted by 
Kenneth S. Nave, M.D., be, and it hereby is, denied. This order is 
effective June 9, 2003.

    Dated: April 21, 2003.
John B. Brown III,
Deputy Administrator.
[FR Doc. 03-11432 Filed 5-7-03; 8:45 am]
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