[Federal Register Volume 77, Number 234 (Wednesday, December 5, 2012)]
[Notices]
[Pages 72408-72409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29302]


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

DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Amy S. Benjamin, N.P.; Decision and Order

    On April 20, 2012, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration, issued an Order to 
Show Cause to Amy S. Benjamin, N.P. (Respondent), of Wheeler, 
Mississippi. The Show Cause Order proposed the revocation of 
Respondent's DEA Certificate of Registration MB1536171, and the denial 
of any pending applications to renew or modify the registration, on the 
ground that Respondent lacks authority to handle controlled substances 
in Mississippi, the State in which she is registered with the Agency. 
Show Cause Order, at 1 (citing 21 U.S.C. 824(a)(3)). Specifically, the 
Show Cause Order alleged that on June 10, 2011, the State of 
Mississippi Board of Nursing issued a final order, which suspended her 
nursing license, to include her authority to handle controlled 
substances in the State. Id.
    The Show Cause Order notified Registrant of her right to request a 
hearing on the allegations, or in lieu of a hearing, to submit a 
written statement regarding the matters of fact and law asserted 
therein; the procedures for doing either; and the consequences for 
failing to do either. Id. at 2 (citing 21 CFR 1301.43(a), (c), (d), & 
(e)). The Show Cause Order was personally served on Registrant by 
members of the DEA New Orleans Field Division-Oxford Resident Office on 
April 23, 2012. GX 2, at 2; GX 6. Since the date of service of the Show 
Cause Order, thirty days have now passed and neither Registrant, nor 
anyone purporting to represent her, has requested a hearing or 
submitted a written statement in lieu of a hearing. I therefore find 
that Registrant has waived her right to a hearing or to submit a 
written statement in lieu of a hearing. 21 CFR 1301.43(d).
    I further find that Registrant's DEA registration was due to expire 
on July 31, 2012, and that Registrant has failed to submit a renewal 
application. See Gov. Notification of Registration Expiration, at Ex. 
B. Therefore, I find that Registrant's registration expired on July 31, 
2012.
    It is well settled that ``[i]f 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, 67133 (1998); see also William W. Nucklos, 73 FR 
34330 (2008). Moreover, in the absence of an application (whether 
timely filed or not), there is nothing to act upon. See Donald Brooks 
Reece II, M.D., 77 FR 35054 (2012). Because Registrant's registration 
has expired and there is no pending application to act upon, I conclude 
that this case is now moot and will be dismissed.

[[Page 72409]]

Order

    Pursuant to the authority vested in me by 21 U.S.C. 823(f) and 
824(a), as well as 28 CFR 0.100(b), I order that the Order to Show 
Cause issued to Amy S. Benjamin, N.P., be, and it hereby is, dismissed.

    Dated: November 16, 2012.
Michele M. Leonhart,
Administrator.
[FR Doc. 2012-29302 Filed 12-4-12; 8:45 am]
BILLING CODE 4410-09-P