[Federal Register Volume 69, Number 80 (Monday, April 26, 2004)]
[Notices]
[Page 22569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9330]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Mark G. Stallman, M.D., Denial of Application for Change of 
Registered Address

    On July 18, 2003, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Mark G. Stallman, M.D. (Dr. Stallman) of Tucker, 
Georgia, notifying him of an opportunity to show cause as to why DEA 
should not revoke his DEA Certificate of Registration BS4792102, under 
21 U.S.C. 824(a)(2) and (3) and deny his pending application for change 
of business address, control number C07848305K, pursuant to 21 U.S.C. 
823(f). As a basis for revocation, the Order to Show Cause alleged that 
Dr. Stallman is not currently authorized to practice medicine or handle 
controlled substances in Georgia, his State of registration and 
practice. The Order further alleged that his continued registration was 
inconsistent with the public interest, based on (1) Dr. Stallman 
prescribing controlled substances that were not in the course of his 
professional practice, and (2) his April 2, 2003, conviction of eight 
felony counts of Illegally Dispensing (Prescribing) a Controlled 
Substance, in violation of the Georgia Controlled Substances Act, 
section 16-13-30(b). The Order also notified Dr. Stallman 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. Stallman 
at his address of record at 5745 Lawrenceville Highway, Suite 204, 
Tucker, Georgia 30084. The Order was also sent by certified mail to Dr. 
Stallman's attorney, Mr. Barry Zimmerman, 8100-B Roswell Road, Suite 
420, Atlanta, Georgia 30350. According to the return receipt, on July 
28, 2003, the Order was received by Dr. Stallman's counsel. DEA has not 
received a request for hearing or any other reply from Dr. Stallman 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. Stallman is 
deemed to have waived his hearing right. See Samuel S. Jackson, D.D.S., 
67 FR 65145 (2002); David W. Linder, 67 FR 12579 (2002). After 
considering material from the investigative file, the Deputy 
Administrator now enters her final order without a hearing pursuant to 
21 CFR 1301.43(d) and (e) and 1301.46.
    The Deputy Administrator finds that Dr. Stallman currently 
possesses DEA Certificate of Registration BS4792102, expiring February 
28, 2005, to handle Schedule II through V controlled substances. On 
January 2, 2002, he filed an application, assigned DEA control number 
C07848305K, requesting registration at a different address than his 
current registered location.
    The Deputy Administrator further finds that, effective June 2, 
2003, the Composite Board of Medical Examiners for the State of Georgia 
(Board) issued its Final Decision, approving the Initial Decision of an 
Administrative Law Judge recommending the indefinite suspension of Dr. 
Stallman's Georgia medical license. That suspension was based upon the 
finding of fact, inter alia, that on August 12, 1999, Dr. Stallman's 
license to practice medicine in the State of Illinois was suspended 
indefinitely by the Illinois Department of Professional Regulation as a 
result of his participation in a scheme to process fraudulent personal 
injury claims.
    The investigative file contains no evidence that the Georgia 
Board's Final Decision has been modified or stayed or that Dr. 
Stallman's medical license in that State has been reinstated. 
Therefore, the Deputy Administrator finds that Dr. Stallman is not 
currently authorized to practice medicine in the State of Georgia. As a 
result, it is reasonable to infer 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 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 Dr. Stallman's medical license has been suspended 
and he is not currently licensed to handle controlled substances in 
Georgia, where he is registered with DEA. Therefore, he is not entitled 
to a DEA registration in that State. Because Dr. Stallman is not 
entitled to a DEA registration in Georgia due to his lack of State 
authorization to handle controlled substances, the Deputy Administrator 
concludes it is unnecessary to address whether his registration should 
be revoked based upon the other grounds asserted in the Order to Show 
Cause. See Fereida Walker-Graham, M.D., 68 FR 24761 (2003); Nathaniel 
Aikins-Afful, M.D., 62 FR 16871 (1997); Sam Moore, D.V.M., 58 FR 14428 
(1993).
    Accordingly, the 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 BS4792102, issued to Mark G. Stallman, 
M.D., be, and it hereby is, revoked. The Deputy Administrator further 
orders that the pending application for a change of registered location 
and any other pending applications for renewal or modification of Dr. 
Stallman's registration be, and they hereby are, denied. This order is 
effective May 26, 2004.

    Dated: April 7, 2004.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 04-9330 Filed 4-23-04; 8:45 am]
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