[Federal Register Volume 71, Number 119 (Wednesday, June 21, 2006)]
[Notices]
[Pages 35704-35705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9708]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Mark C. Evans, D.D.S.; Revocation of Registration

Procedural History

    On June 24, 2004, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Mark C. Evans, D.D.S. (Respondent). The Show 
Cause Order proposed the revocation of Respondent's DEA Certificate of 
Registration, BE3323932, under 21 U.S.C. 824(a)(3), and to deny any 
pending applications for renewal or modification of that registration 
pursuant to 21 U.S.C. 823(f). As grounds for the action, the Show Cause 
Order alleged that the Dental Board of California had revoked Dr. 
Evans's state dental license, and as a result, he was without state 
authorization to handle controlled substances in that state. The Show 
Cause Order notified Dr. Evans that should no request for a hearing be 
filed within 30 days, his hearing right would be deemed waived.
    On July 2, 2004, the Show Cause Order was sent by certified mail to 
Dr. Evans at his registered location in Palm Desert, California. On 
that same date, a second copy of the Show Cause Order was sent by 
certified mail to Dr. Evans at a second location in La Quinta, 
California. Both copies were subsequently returned to DEA unclaimed. 
DEA subsequently attempted to send the Show Cause Order to Dr. Evans at 
two additional locations in Palm Desert, as well as a location in 
Vancouver, Washington. On each occasion, the orders were returned 
unclaimed. As of this date, DEA has not received a request for a 
hearing, or any other reply from Dr. Evans or anyone purporting to 
represent him in this matter.
    Therefore, the Deputy Administrator, finding that (1) thirty days 
have passed since the attempted delivery of the Show Cause Order to the 
registrant's addresses of record, as well as to several additional 
addresses, and (2) that no request for a hearing has been received, 
concludes that Dr. Evans has waived his hearing right. See David W. 
Linder, 67 FR 12579 (2002). After considering material from the 
investigative file in this matter, the Deputy Administrator now enters 
this final order without a hearing pursuant to 21 CFR 1301.43(d) and 
(e), and Sec.  1301.46.

Discussion

    The Deputy Administrator finds that Dr. Evans 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, DEA was notified by the Dental Board of California 
(the Dental Board) that Dr. Evans's state dental license was revoked 
effective December 18, 2002. This information is corroborated by a 
Default Decision and Order of the Dental Board, which is included in 
the investigative file. There is no evidence before the Deputy 
Administrator that Dr. Evans's California dental license has been 
reinstated or that the Dental Board's revocation order has been 
vacated. Therefore, the Deputy Administrator finds that because Dr. 
Evans is currently not authorized to practice dentistry in California, 
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 practices dentistry. See 21 U.S.C. 802(21), 
823(f) and 824(a)(3). This prerequisite has been consistently applied. 
See James Marvin Goodrich, M.D., 70 FR 24619 (2005); Dominick A. Ricci, 
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).

[[Page 35705]]

    Here, it is clear that Dr. Evans's dental license has been revoked 
and the revocation order has not been vacated. Consequently, Dr. Evans 
is not licensed to handle controlled substances in California, the 
jurisdiction in which he is registered with DEA. Therefore, he is not 
entitled to maintain that registration.

Order

    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, BE3323932, issued to Mark C. Evans, 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 they hereby are, denied. This order is effective 
July 21, 2006.

    Dated: June 12, 2006.
Michele M. Leonhart,
Deputy Administrator.
 [FR Doc. E6-9708 Filed 6-20-06; 8:45 am]
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