[Federal Register Volume 68, Number 89 (Thursday, May 8, 2003)]
[Notices]
[Pages 24758-24759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11435]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 02-41]


Jacqueline Cleggett-Lucas, M.D., JCL Enterprises, L.L.C, 
Revocation of Registration

    On March 21, 2002, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Jacqueline Cleggett-Lucas, M.D., and JCL 
Enterprises, L.L.C. (Respondents) \1\, proposing to revoke her DEA 
Certificate of Registration, BC3404681, pursuant to 21 U.S.C. 824(a)(4) 
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 Respondents' continued 
registration would be inconsistent with the public interest and that 
the Respondent was no longer authorized to handle controlled substances 
in Louisiana, the State in which she practices.
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    \1\ In her July 19, 2002, Opinion, Order, and Recommended 
Ruling, Administrative Law Judge Gail A. Randall noted that for 
purposes of these proceedings, the two names represented herein are 
separate entities who obtained a single DEA registration by virtue 
of Dr. Gleggett-Lucas' ability to handle controlled substances. The 
Deputy Administrator hereby adopts that finding for purposes of this 
final ruling.
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    By letter dated April 24, 2002, the Respondents, through legal 
counsel, requested a hearing in this matter. In the request for 
hearing, the Respondents legal counsel argued that ``(Respondents) have 
not been found guilty of `prescribing large amounts of controlled 
substances in an inappropriate (manner) to many people who do not 
[have] proven indications for the need of pain alleviating drugs.' '' 
The Respondents further asserted that any decision involving the DEA 
license at issue should be withheld pending the outcome of a scheduled 
hearing before the Louisiana State Board of Medical Examiners (Board).
    On May 31, 2002, the Government filed Government's Motion for 
Summary Disposition and a request for stay of proceedings pending a 
ruling on its motion. On June 3, 2002, the presiding Administrative Law 
Judge Gail A. Randall (Judge Randall) issued an Order providing 
Respondents until June 24, 2002, to respond to the Government's motion. 
However, the Respondents did not file a response.
    On July 19, 2002, Judge Randall issued her Opinion, Order, and 
Recommended Ruling of the Administrative Law Judge (Opinion and 
Recommended Ruling) where she granted the Government's motion for 
summary disposition and found that the Respondents lack authorization 
to handle controlled substances in the State of Louisiana. In granting 
the Government's motion, Judge Randall also recommended that the 
Respondents' DEA registration be revoked and any pending applications 
for renewal be denied. Neither party filed exceptions to her Opinion 
and Recommended Ruling, and on October 29, 2002, Judge Randall 
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 finds that the Respondents are currently 
registered as a practitioner under DEA Certificate of Registration 
BC3404681. That registration was issued under the names of two separate 
entities at an address in New Orleans, Louisiana. On February 14, 2002, 
the Board issued its Order for Summary Suspension of Medical License 
with respect to the Respondents' Louisiana medical license. The Board's 
action was based on a finding that the Respondent inappropriately 
prescribed ``large amounts of controlled drugs'' to individuals for no 
legitimate medical purpose. While the Civil District Court of Louisiana 
granted the Respondents' subsequent request for stay of the Board's 
suspension order, that same court lifted the stay on February 22, 2002, 
and reinstated the suspension of Respondents' medical license.

[[Page 24759]]

Notwithstanding the Respondents' request that DEA withhold its decision 
regarding her Certificate of Registration pending completion of a Board 
hearing, there is no evidence before the Deputy Administrator that the 
Board has taken any action to lift the current suspension of the 
Respondent's medical license.
    In her Opinion and Recommended Ruling, Judge Randall found that the 
Respondent is without State authority to handle controlled substances. 
The Deputy Administrator adopts the finding of the Administrative Law 
Judge.
    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).
    In light of the above, Judge Randall properly granted the 
Government's Motion for Summary Disposition. There is no dispute that 
the Respondents are currently without authorization to handle 
controlled substances in Louisiana. 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 CFR 0.100(b) and 0.104, hereby orders that DEA 
Certificate of Registration BC3404681, issued to Jacqueline Cleggett-
Lucas, M.D. and JCL Enterprises, L.L.C. 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 June 9, 2003.

    Dated: April 21, 2003.
John B. Brown III,
Deputy Administrator.
[FR Doc. 03-11435 Filed 5-7-03; 8:45 am]
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