[Federal Register Volume 69, Number 204 (Friday, October 22, 2004)]
[Notices]
[Page 62096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23716]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Serge V. Verne, D.D.S. Revocation of Registration

    On October 30, 2003, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Serge V. Verne, D.D.S. (Dr. Verne) at his 
registered location in San Diego, California, with a second copy sent 
to a location in Rancho Santa Fe, California. Dr. Verne was notified of 
an opportunity to show cause as to why DEA should not revoke his DEA 
Certificate of Registration, BV2328830, under 21 U.S.C. 824(a), and 
deny any pending applications for renewal or modification of that 
registration. Specifically, the Order to Show Cause alleged that Dr. 
Verne was without state license to handle controlled substances in the 
State of California. The Order to Show Cause also notified Dr. Verne 
that should no request for a hearing be filed within 30 days, his 
hearing right would be deemed waived.
    As alluded to above, copies of the Order to Show Cause were sent by 
certified mail to Dr. Verne at two separate locations. According to the 
investigative file, the copy sent to the San Diego location was 
returned to DEA unclaimed, however, the second show cause order sent to 
the Rancho Santa Fe location was accepted on Dr. Verne's behalf on 
November 19, 2003. DEA has not received a request for hearing or any 
other reply from Dr. Verne 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. Verne is deemed 
to have waived his hearing right. After considering material from the 
investigative file in this matter, 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. Verne is currently 
registered with DEA as a practitioner authorized to handle controlled 
substances in Schedules II through V. According to information in the 
investigative file, effective May 8, 2003, the Dental Board of 
California (Dental Board) ordered the revocation of Dr. Verne's license 
to practice dentistry in that state. The Dental Board's action was 
based in part upon findings that Dr. Verne provided false and 
misleading information regarding his continuing education, and his use 
of fraud in the procurement of his dental license and general 
anesthesia permit. There is no evidence before the Deputy Administrator 
to rebut findings that Dr. Verne's California dental license has been 
revoked and has not been reinstated. Therefore, the Deputy 
Administrator finds that since Dr. Verne is not currently authorized to 
practice dentistry in California, it is reasonable to infer that he is 
not authorized 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 Richard J. Clement, M.D., 68 FR 12,103 (2003); Dominick A. Ricci, 
M.D., 58 FR 51,104 (1993); Bobby Watts, M.D., 53 FR 11,919 (1988).
    Here, it is clear that Dr. Verne is not licensed to handle 
controlled substances in California, where he is registered with DEA. 
Therefore, he is not entitled to maintain that registration.
    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, BV2328830, issued to Serge V. Verne, 
D.D.S., be, and it hereby is, revoked. The Deputy Administrator further 
orders that any pending applications for renewal or modification of the 
aforementioned registration be, and hereby are, denied. This order is 
effective November 22, 2004.

    Dated: October 5, 2004.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 04-23716 Filed 10-21-04; 8:45 am]
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