[Federal Register Volume 71, Number 132 (Tuesday, July 11, 2006)]
[Notices]
[Pages 39129-39130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10781]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


William G. Hamilton, Jr., M.D.; Revocation of Registration

Procedural History

    On July 23, 2004, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to William G. Hamilton, M.D. (Respondent), which 
proposed to revoke his DEA Certificate of Registration AH8873588, as a 
practitioner, see 21 U.S.C. 824(a)(3), and to deny any pending 
applications for renewal or modification. See 21 U.S.C. 823(f). As 
grounds for the proceeding, the Show Cause Order alleged that on March 
3, 2004, the Medical Board of California had suspended Respondent's 
state medical license and that Respondent was without state 
authorization to handle controlled substances in that state. The Show 
Cause Order notified Dr. Hamilton that should no request for a hearing 
be filed within 30 days, his hearing right would be deemed waived.
    On July 28, 2004, the Show Cause Order was sent by certified mail 
to Respondent at his home address in San Diego, California. However, 
the letter went unclaimed. On November 23, 2004, the Show Cause Order 
was sent via regular mail to Respondent at the same address, and on 
December 13, 2004, a DEA Diversion Investigator personally served him 
with the Order. At the time of personal service, Respondent 
acknowledged that he had received the Show Cause Order that was mailed 
to him on November 23, 2004. Subsequently, DEA has not received a 
request for a hearing or any other reply from Respondent or anyone 
purporting to represent him in this matter.
    Therefore, finding that: (1) Thirty days have passed since the 
delivery of the Order To Show Cause to Respondent; and that (2) no 
request for a hearing has been received, I conclude that Respondent has 
waived his hearing right. See James E. Thomas, M.D., 70 FR 3,564 
(2005); Steven A. Barnes, M.D., 69 FR 51,474 (2004); David W. Linder, 
67 FR 12,579 (2002). After considering material from the investigative 
file in this matter, this final order is entered without a hearing 
pursuant to 21 CFR 1301.43(d) & (e), and Sec.  1301.46.

Discussion

    I find that Respondent is currently registered with DEA as a 
practitioner authorized to handle controlled substances in Schedules 
III through V under Certificate of Registration AH8873588, with an 
expiration date of October 31, 2005. Respondent's registration, 
however, has remained in effect during these proceedings.
    According to information in the investigative file, on March 3, 
2004, a California State Administrative Law Judge (ALJ) issued an 
Order, which immediately suspended Respondent's Physician and Surgeon's 
Certificate. The suspension was based, in part, on the ALJ's finding 
that Respondent was unable to safely practice medicine due to a mental 
or physical condition. Since then, I have become aware of further 
proceedings involving Respondent's state medical license.
    It has long been recognized that ``[a]gencies may take official 
notice of facts at any stage in a proceeding--even in the final 
decision.'' U.S. Dept. of Justice, Attorney General's Manual on the 
Administrative Procedure Act 80 (1947) (Wm. W. Gaunt & Sons, Inc., 
Reprint 1979). Therefore, pursuant to 5 U.S.C. 556(e) and 21 CFR 
1316.59(e), I hereby take official notice of the fact that on May 12, 
2005, the State of California revoked Respondent's medical license.\1\
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    \1\ In accordance with the Administrative Procedure Act and 
DEA's regulations, Respondent is ``entitled on timely request, to an 
opportunity to show to the contrary.'' 5 U.S.C. 556(e). See also 21 
CFR 1316.59(e). DEA's regulations contain no provision for 
requesting reconsideration of a final order. See Robert A. Leslie, 
M.D., 60 FR 14004, 14005 (1995). To allow Respondent the opportunity 
to refute the facts of which I am taking official notice, 
publication of this final order shall be withheld for a fifteen-day 
period, which shall begin on the date of service by placing this 
order in the mail.
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    Respondent has submitted no evidence showing that the State's 
revocation order has been stayed or vacated. Therefore, I find that 
Respondent is currently not authorized to practice medicine in the 
State of California, and 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 practices medicine. See 21 U.S.C. 802(21), 
823(f), & 824(a)(3). This prerequisite has been consistently

[[Page 39130]]

applied. 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). Therefore, Respondent is not entitled to maintain his DEA 
registration.

Order

    Accordingly, pursuant to the authority vested in me by 21 U.S.C. 
823 and 824 and 28 CFR 0.100(b) and 0.104, I hereby order that DEA 
Certificate of Registration, AH8873588, issued to William G. Hamilton, 
Jr., M.D., be, and it hereby is, revoked. I further order that any 
pending applications for renewal or modification of the aforementioned 
registration be, and they hereby are, denied. This order is effective 
August 10, 2006.

    Dated: June 12, 2006.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E6-10781 Filed 7-10-06; 8:45 am]
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