[Federal Register Volume 74, Number 22 (Wednesday, February 4, 2009)]
[Notices]
[Pages 6059-6060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2330]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 06-72]


Foothills Family Pharmacy (Boulder) and Foothills Family Pharmacy 
(Lafayette); Declaratory Order Terminating Registrations

    On August 14, 2006, the Deputy Assistant Administrator, Office of 
Diversion Control, issued an Order to Show Cause to Foothills Family 
Pharmacy of Boulder, Colorado, and Foothills Family Pharmacy of 
Lafayette, Colorado (Respondents). The Order proposed the revocation of 
each Respondent's DEA Certificate of Registration as a retail pharmacy, 
and the denial of any applications filed by either Respondent to renew 
or modify its registration, on the ground that each Respondent's 
``continued registration would be inconsistent with the public 
interest.'' Show Cause Order at 1. More specifically, the Order alleged 
that each pharmacy had violated its ``corresponding responsibility'' 
under Federal law by filling prescriptions for controlled substances 
which were unlawful because they were not `` `issued for a legitimate 
medical purpose by an individual practitioner acting in the usual 
course of his professional practice.' '' Id. at 3 (quoting 21 CFR 
1306.04(a)).
    Respondents requested a hearing on the allegations, and the matter 
was placed on the docket of the Agency's Administrative Law Judges 
(ALJ). Following prehearing procedures, the parties agreed to submit 
documents and written statements of position to the ALJ in lieu of a 
trial-type hearing. Subsequent to their filings, the parties also 
submitted briefs containing their proposed conclusions of law and 
arguments.
    On June 20, 2008, the ALJ issued her recommended decision. In her 
decision, the ALJ concluded that the Government had established that 
each ``Respondent's continued registration would be inconsistent with 
the public interest.'' ALJ at 42. The ALJ thus recommended that each 
Respondent's registration be revoked and that any pending applications 
be denied. The record was then forwarded to me for final agency action.
    Thereafter, the Government obtained information that each 
Respondent was closed and no longer conducting business. Gov. Mot. for 
Declaratory Order at 2. Accordingly, the Government filed a motion 
seeking an order declaring each Respondent's registration terminated on 
the ground

[[Page 6060]]

that they had gone out of business. Id. Attached to the motion was the 
Affidavit (Dated 10/16/08) of a DEA Diversion Investigator. In her 
Affidavit, the Investigator stated that on September 4, 2008, she had 
spoken with the Program Director of the Colorado Board of Pharmacy and 
had been told that the Foothills Family Pharmacy of Lafayette had been 
closed since January 2008. Affidavit at 1-2. The Investigator further 
stated that she had also spoken with an Inspector for the Colorado 
Board who advised her that Calvin Tyree, the owner of Foothills Family 
Pharmacy of Boulder, had submitted the document required to close the 
pharmacy. Id. at 2. The Investigator further stated that she had 
confirmed the latter pharmacy's closing with some of its former 
employees. Id.
    On November 18, 2008, I issued an Order granting Respondents 
fifteen days to respond to the Government's motion. Neither Respondent 
has filed a response.
    Based on the Affidavit, I find that each Respondent has 
discontinued business or professional practice. Under 21 CFR 1301.52, 
``the registration of any person shall terminate if and when such 
person dies, ceases legal existence, or discontinues business or 
professional practice.'' Accordingly, I will grant the Government's 
motion and declare that each Respondent's registration has terminated. 
I will also order that any pending applications submitted by either 
Respondent be denied.

Order

    Pursuant to the authority vested in me under 5 U.S.C. 554(e), as 
well as 28 CFR 0.100(b) & 0.104, I grant the Government's motion and 
hereby declare terminated DEA Certificate of Registration, BF8528361, 
issued to Foothills Family Pharmacy of Boulder, Colorado, and DEA 
Certificate of Registration, BF8933334, issued to Foothills Family 
Pharmacy of Lafayette, Colorado. I further order that any pending 
applications of Foothills Family Pharmacy of Boulder, Colorado, and 
Foothills Family Pharmacy of Lafayette, Colorado, be, and they hereby 
are, denied. This Order is effective immediately.

    Dated: January 27, 2009.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E9-2330 Filed 2-3-09; 8:45 am]
BILLING CODE 4410-09-P