[Federal Register Volume 68, Number 231 (Tuesday, December 2, 2003)]
[Notices]
[Page 67475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29966]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 3-4]


Anthony D. Dinozzi, D.D.S., Revocation of Registration

    On September 25, 2002, the Deputy Assistant Administrator, Office 
of Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Anthony David Dinozzi, D.D.S. (Respondent) 
notifying him of an opportunity to show cause as to why DEA should not 
revoke his DEA Certificate of Registration, BD4361692 under 21 U.S.C. 
824(a)(2), (a)(3), and (a)(4). The Order to Show Cause further sought 
to deny any pending applications for renewal or modification of the 
Repsondent's registration for reasons that he was convicted of a felony 
offense related to controlled substances, is not authorized to handle 
controlled substances, and his continued registration would be 
inconsistent with the public interest.
    Specifically, the Order to Show alleged that the Respondent is not 
authorized under state law to handle controlled substances based upon 
the March 31, 2001, expiration of his Pennsylvania state license to 
practice dentistry. The Order to Show Cause further alleged that the 
Respondent was convicted in Clermont County, Ohio on charges of 
Tampering with Evidence (a third degree felony) and Aggravated 
Trafficking in Drugs under Bulk (a fourth degree felony).
    By letter dated October 11, 2002, the Respondent, acting pro se, 
timely requested a hearing in this matter. On October 25, 2002, the 
presiding Administrative Law Judge Mary Ellen Bittner (Judge Bittner) 
issued to the Government as well as the Respondent an Order for 
Prehearing Statements.
    In view of filing a prehearing statement, the Government filed 
Government's Request for Stay of Proceedings and Motion for Summary 
Judgment. The Government asserted that the Respondent is without 
authorization to handle controlled substances in the State of 
Pennsylvania, and as a result, further proceedings in the matter were 
not required. On November 6, 2002, Judge Bittner issued a Memorandum to 
Counsel staying the Order for Filing Prehearing Statements, and 
afforded the Respondent until November 25, 2002, to respond to the 
Government's Motion. The Respondent did not file a response.
    Accordingly, on January 13, 2003, Judge Bittner issued her Opinion 
and Recommended Decision of the Administrative Law Judge (Opinion and 
Recommended Decision). As part of her recommended ruling, Judge Bittner 
granted the Government's Motion for Summary Disposition and found that 
the Respondent lacked authorization to handle controlled substances in 
Pennsylvania, the jurisdiction in which the is registered with DEA. In 
granting the Government's motion, Judge Bittner also recommended that 
the Respondent's DEA registration be revoked and any pending 
applications for modification or renewal be denied. No exceptions were 
filed by either party to Judge Bittner's Opinion and Recommended 
Decision, and on February 19, 2003, the record of these proceedings was 
transmitted to the Office of the DEA Deputy Administrator.
    The Acting Deputy Administrator has considered the record in its 
entirety and pursuant to 21 CFR 1316.67, hereby issues her final order 
based upon findings of fact and conclusions of law as hereinafter set 
forth. The Acting Deputy Administrator adopts, in full, the Opinion and 
Recommended Decision of the Administrative Law Judge.
    The Acting Deputy Administrator finds that the Respondent currently 
possesses DEA Certificate of Registration BD4361692, and is registered 
to handle controlled substances in Pennsylvania. The Acting Deputy 
Administrator further finds that on March 31, 2001, the Respondent 
license to practice dentistry expired. There is no evidence before the 
Acting Deputy Administrator that the Respondent has applied for, and 
been granted renewal of his Pennsylvania dental license. Therefore, the 
Acting Deputy Administrator finds that the Respondent is currently not 
licensed to practice dentistry in Pennsylvania and as a result, it is 
reasonable to infer that he is also without authorization to handle 
controlled substances in that state.
    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 Kanwaljit S. Serai, M.D., 68 FR 48943 (2003); Dominick A. Ricci, 
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988). The 
agency has further held that a person may not hold a DEA registration 
even if the loss of state authority is due to the expiration of state 
licensure without further action by the state. William D. Levitt, D.O., 
64 FR 49,822 (1999).
    Here, it is clear that the Respondent is not currently licensed to 
handle controlled substances in Pennsylvania, where he is registered 
with DEA. Therefore, he is not entitled to maintain that registration. 
Because the Respondent is not entitled to a DEA registration in 
Pennsylvania due to his lack of state authorization to handle 
controlled substances, the Acting Deputy Administrator concludes that 
it is unnecessary to address whether the Respondent's registration 
should be revoked based upon the other grounds asserted in the Order to 
Show Cause. See Cordell Clark, M.D., 68 FR 48942 (2003); Nathaniel-
Aikens-Afful, M.D., 62 FR 16871 (1997); Sam F. Moore, D.V.M., 58 FR 
14428 (1993).
    Accordingly, the Acting Deputy Administrator of the Drug 
Enforcement Administration, pursuant to the authority vested in her by 
21 U.S.C. 823 and 824 and 28 CFR 0.100(b) and 0.104, hereby orders that 
DEA Certificate of Registration, BD4361692, issued to Anthony David 
Dinozzi, D.D.S., be, and it hereby is, revoked. The Acting Deputy 
Administrator further orders that any pending applications for renewal 
of such registration be, and they hereby are, denied. This order is 
effective January 2, 2004.

    Dated: November 13, 2003.
Michele M. Leonhart,
Acting Deputy Administrator.
[FR Doc. 03-29966 Filed 12-01-03; 8:45 am]
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