[Federal Register Volume 68, Number 94 (Thursday, May 15, 2003)]
[Notices]
[Page 26357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12158]



[[Page 26357]]

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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Robert A. Kooker, M.D.; Revocation of Registration

    On June 12, 2002, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Robert A. Kooker, M.D. (Dr. Kooker) of Loomis, 
California, notifying him of an opportunity to show cause as to why DEA 
should not revoke his DEA Certificate of Registration, AK1490779 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. Kooker is not currently authorized to 
handle controlled substances in California, the state in which he 
practices. The order also notified Dr. Kooker 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. Kooker at 
his registered location in Loomis, California. DEA received a signed 
receipt indicating that the Order to Show Cause was received by Dr. 
Kooker on or around June 27, 2002. DEA has not received a request for 
hearing on any other reply from Dr. Kooker or anyone purporting to 
represent him in this matter. Therefore, the Deputy Administrator, 
finding that (1) 30 days have passed since the receipt of the Order to 
Show Cause, and (2) no request for a hearing having been received, 
concludes that Dr. Kooker is deemed to have waived his hearing right. 
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 finds that Dr. Kooker possessed DEA 
Certificate of Registratin AK1490779. The Deputy Administrator further 
finds that an investigation by DEA revealed that on July 28, 2000, the 
California Physician's and Surgeon's Board suspended Dr. Kooker's 
license to practice medicine in California and ordered that Dr. Kooker 
could not reapply for licensing until July 28, 2003.
    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 Dr. Kooker is not licensed to handle 
controlled substances in the State of California, where he is 
registered with DEA. Therefore, he is not entitled to a DEA 
registration in that state.
    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 AK1490779, issued to Robert A. Kooker, M.D. 
be, and it hereby is, revoked. The Deputy Administrator further orders 
that any pending applications for renewal or modification of such 
registration be, and they hereby are, denied. This order is effective 
June 16, 2003.

    Dated: April 23, 2003.
John B. Brown, III,
Deputy Administrator.
[FR Doc. 03-12158 Filed 5-14-03; 8:45 am]
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