[Federal Register Volume 69, Number 80 (Monday, April 26, 2004)]
[Notices]
[Pages 22563-22564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9332]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Daniel A. Maynard, D.O.; Revocation of Registration

    On June 23, 2003, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Daniel A. Maynard, D.O. (Dr. Maynard) of Dallas, 
Texas, notifying him of an opportunity to show cause as to why DEA 
should not revoke his DEA Certificate of Registration AM5672591 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. Maynard is not currently authorized to 
practice medicine or handle controlled substances in Texas, his State 
of registration and practice. The order also notified Dr. Maynard 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. Maynard 
at his address of record at 2929 Martin Luther King Jr. Blvd., Dallas, 
Texas 75215. According to the return receipt, on or around June 30, 
2003, the Order was accepted on Dr. Maynard's behalf. DEA has not 
received a request for hearing or any other reply from Dr. Maynard or 
anyone purporting to represent him in this matter.
    Therefore, the Acting 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. 
Maynard 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 
Acting Deputy Administrator now enters her final order without a 
hearing pursuant to 21 CFR 1301.43(d) and (e) and 1301.46.
    The Acting Deputy Administrator finds that Dr. Maynard currently 
possesses DEA Certificate of Registration AM5672591. The Acting Deputy 
Administrator further finds that, effective June 20,2003, the 
Disciplinary Panel of the Texas State Board of Medical Examiners 
temporarily suspended Dr. Maynard's medical license. The suspension was 
based upon findings of fact that, inter alia, Dr. Maynard ``exhibited a 
pattern of conduct involving improper non-therapeutic and medically 
unnecessary prescribing of narcotics, controlled substances and 
dangerous drugs to patients'' and that such conduct ``appears to have 
resulted in patient harm and is related to their deaths from apparent 
drug overdoses.'' Additionally, on June 20, 2003, the Texas Department 
of Public Safety, based upon the Board of Medical Examiner's license 
suspension, revoked Dr. Maynard's State of Texas, Department of Safety, 
Controlled Substance Registration.
    The investigative file contains no evidence that the Board of 
Medical Examiner's Temporary Suspension Order has been stayed or that 
Dr. Maynard's medical license has been reinstated. Therefore, the 
Acting Deputy

[[Page 22564]]

Administrator finds that Dr. Maynard is not currently authorized to 
practice medicine in the State of Texas. 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. Maynard's medical license has been suspended 
and he is not currently licensed to handle controlled substances in 
Texas, where he is registered with DEA. Therefore, he is not entitled 
to a DEA registration in that State.
    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 AM5672591, issued to Daniel A. Maynard, 
D.O., 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 
May 26, 2004.

    Dated: March 29, 2004.
Michele M. Leonhart,
Acting Deputy Administrator.
[FR Doc. 04-9332 Filed 4-23-04; 8:45 am]
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