[Federal Register: November 12, 2002 (Volume 67, Number 218)]
[Notices]
[Page 68688]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12no02-114]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Alfred S. Santucci, D.M.D.; Revocation of Registration
On May 13, 2002, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Alfred S. Santucci, D.M.D. of Niles, Ohio,
notifying him of an opportunity to show cause as to why DEA should not
revoke his DEA Certificate of Registration, BS1782665 under 21 U.S.C.
824(a), and deny any pending applications for renewal or modification
of that registration. As a basis for revocation, the Order to Show
Cause alleged that Dr. Santucci not currently authorized to handle
controlled substances in Ohio, the state in which he practices, and had
been convicted of a felony involving controlled substances. The order
also notified Dr. Santucci that should no request for a hearing be
filed within 30 days, his hearing right would be deemed waived.
By letter of June 10, 2002, Dr. Santucci requested an
administrative hearing. On July 9, 2002, DEA filed the Government's
Motion for Summary Disposition and Request for Stay of the Filing of
Prehearing Statement. The Motion was based upon the argument that no
facts were at issue: DEA cannot register or maintain the registration
of a practitioner who is not duly authorized to handle controlled
substances in the state in which he conducts business. Dr. Santucci did
not respond to the Motion. On September 18, 2002, Administrative Law
Judge Mary Ellen Bittner certified and transmitted the record in the
matter to the Deputy Administrator along with her Opinion and
Recommended Decision. In her Decision, the Administrative Law Judge
granted DEA's Motion for Summary Disposition and recommended that Dr.
Santucci's DEA registration be revoked.
The Deputy Administrator has carefully reviewed the entire record
in this matter, as defined above, and hereby issues this final order as
prescribed by 1301.46, based upon the following findings and
conclusions. The Deputy Administrator adopts the Opinion and
Recommended Decision of the Administrative Law Judge, and his adoption
is in no manner diminished by any recitative of facts, issues and
conclusions herein, or of any failure to mention a matter of fact or
law. The Deputy Administrator now enters his final order without a
hearing pursuant to 21 C.F.R. 1301.43(d) and (e) and 1301.46.
The Deputy Administrator finds that Dr. Santucci possesses DEA
Certificate of Registration B1782665. On February 14, 2001, Dr.
Santucci entered into a consent agreement with Ohio State Dental Board
which imposed an indefinite suspension of Dr. Santucci's license to
practice dentistry. Loss of state authority to engage in the practice
of medicine is an independent ground to revoke a practitioner's
registration under 21 U.S.C. 824(a)(3). This agency has consistently
held that a person may not maintain a DEA registration if he is without
appropriate authority under the laws of the State in which he does
business. See Anne Lazar Thorn, M.D., 62 FR 12,847 (DEA1997); Bobby
Watts, M.D., 53 FR 11,919 (DEA 1988); Robert F. Witek, D.D.S., 52 FR
47,770 (DEA 1987).
Dr. Santucci has not denied that he is currently not licensed to
practice medicine in Ohio, the jurisdiction in which he is registered.
Accordingly, he is not entitled to a DEA registration. As the
Administrative Law Judge stated, it is well-settled that when no
question of fact is involved, or when the material facts are agreed
upon, a plenary, adversial administrative proceedings is not required.
See Jesus R. Jaurez, M.D., 62 FR 14,945 (DEA 1997); Dominick A. Ricci,
M.D., 58 FR 51,104 (DEA 1993).
Accordingly, the Deputy Administrator of the Drug Enforcement
Administration, pursuant to the authority vested in him by 21 U.S.C.
823 and 824 and 28 CFR 0.100(b) and 0.104, grants the agency's Motion
for Summary Disposition and hereby orders that DEA Certificate of
Registration BSS1782665 issued to Alfred S. Santucci, D.M.D. be, and
hereby is, revoked. The Deputy Administrator further orders that any
pending applications for renewal of such registration be, and they
hereby are, denied. This order is effective December 12, 2002.
Dated: October 28, 2002.
John B. Brown, III,
Deputy Administrator.
[FR Doc. 02-28659 Filed 11-8-02; 8:45 am]
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