[Federal Register Volume 76, Number 69 (Monday, April 11, 2011)]
[Notices]
[Pages 20033-20034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8544]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 10-8]


Robert Charles Ley, D.O. ; Dismissal of Proceeding

    On September 28, 2009, I, the then Deputy Administrator of the Drug 
Enforcement Administration, issued an Order to Show Cause and Immediate 
Suspension of Registration (``Order'') to Robert Charles Ley, D.O. 
(Respondent), of Kihei, Hawaii. Order to Show Cause at 1. The Order, 
which also sought the revocation of Respondent's registration and the 
denial of any pending applications to renew his registration, alleged, 
inter alia, that Respondent had issued numerous prescriptions for 
controlled substances to undercover police officers which lacked a 
legitimate medical purpose and therefore violated Federal law. Id. at 
2.
    On October 2, 2009, Respondent was served with the Order, and on 
October 7, 2009, he requested a hearing on the allegations. The matter 
was then assigned to an Agency Administrative Law Judge (ALJ), who 
proceeded to conduct pre-hearing procedures.
    On November 4, 2009, the Government moved for summary disposition 
on the ground that the State of Hawaii had suspended Respondent's state 
controlled substances registration and that he was therefore no longer 
entitled to hold a registration under the Controlled Substances Act. 
See 21 U.S.C. 823(f) and 824(a)(3). Finding that there were no material 
facts in dispute, the ALJ granted the motion, recommended that I revoke 
Respondent's registration and deny any pending applications, and 
forwarded the record to me for final agency action. Order Granting 
Summary Disposition and Recommended Decision, at 6.
    On January 12, 2010, the State of Hawaii re-instated Respondent's 
state registration. As a consequence, the Government was no longer 
entitled to a Final Order adopting the ALJ's Recommended Decision. 
Accordingly, on March 2, 2010, the Government moved to remand the case 
for further proceedings. Motion to Remand Case for Further Proceedings, 
at 1.
    Respondent did not, however, file an application to renew his 
registration which was due to expire on March 31, 2010. Respondent's 
registration therefore expired on March 31, 2010.
    Accordingly, on May 5, 2010, the Government moved to terminate the 
proceeding on the ground that this case is now moot. Motion to 
Terminate Administrative Proceedings, at 2. On May 26, 2010, I 
therefore ordered that Respondent file a response to the Government's 
motion; I further ordered that if Respondent contended that the matter 
was not moot, he should specifically address what collateral 
consequence attach as a result of the issuance of the immediate 
suspension, whether he intends to remain in professional practice, and 
why he failed to file a renewal application. See Order at 1-2 (May 26, 
2010).
    On June 25, 2010, Respondent filed his response. See Respondent's 
Memorandum In Response to Motion to Terminate Administrative 
Proceedings. Therein, Respondent ``maintain[s] that the summary 
suspension of his DEA registration * * * was improper and unjustified, 
[but] due to physical conditions beyond his control, [he] is no longer 
in a position to pursue his administrative remedies.'' Id. at 1. 
Respondent therefore ``does not object to the termination'' of the 
proceeding. Id.
    DEA has previously held that ``if a registrant has not submitted a 
timely renewal application prior to the expiration date, then the 
registration expires and there is nothing to revoke.'' Ronald J. 
Riegel, 63 FR 67132 (1998). While DEA has recognized a limited 
exception to the mootness rule in cases which commence with the 
issuance of an immediate suspension order because of the collateral 
consequences which may attach with the issuance of an immediate 
suspension, see William R. Lockridge, 71 FR 77791, 77797 (2006), 
Respondent has not identified any collateral consequence caused by the 
order. Indeed, Respondent does not object to the termination of this 
proceeding. Accordingly, this proceeding is now moot and the 
Government's motion to terminate the proceeding will be granted.

Order

    Pursuant to the authority vested in me by 21 U.S.C. 824, as well as 
28 CFR

[[Page 20034]]

0.100(b) and 0.104, I hereby grant the Government's motion to terminate 
the proceeding. I further order that the Order to Show Cause and 
Immediate Suspension of Registration issued to Robert Charles Ley, D.O, 
be, and it hereby is, dismissed.

    Dated: April 1, 2011.
Michele M. Leonhart,
Administrator.
[FR Doc. 2011-8544 Filed 4-8-11; 8:45 am]
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