[Federal Register: May 8, 2003 (Volume 68, Number 89)]
[Notices]
[Page 24758-24759]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08my03-87]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 02-41]
Jacqueline Cleggett-Lucas, M.D., JCL Enterprises, L.L.C,
Revocation of Registration
On March 21, 2002, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Jacqueline Cleggett-Lucas, M.D., and JCL
Enterprises, L.L.C. (Respondents) \1\, proposing to revoke her DEA
Certificate of Registration, BC3404681, pursuant to 21 U.S.C. 824(a)(4)
and deny any pending applications for renewal or modification of such
registration under 21 U.S.C. 823(f). As a basis for revocation, the
Order to Show Cause alleged that the Respondents' continued
registration would be inconsistent with the public interest and that
the Respondent was no longer authorized to handle controlled substances
in Louisiana, the State in which she practices.
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\1\ In her July 19, 2002, Opinion, Order, and Recommended
Ruling, Administrative Law Judge Gail A. Randall noted that for
purposes of these proceedings, the two names represented herein are
separate entities who obtained a single DEA registration by virtue
of Dr. Gleggett-Lucas' ability to handle controlled substances. The
Deputy Administrator hereby adopts that finding for purposes of this
final ruling.
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By letter dated April 24, 2002, the Respondents, through legal
counsel, requested a hearing in this matter. In the request for
hearing, the Respondents legal counsel argued that ``(Respondents) have
not been found guilty of `prescribing large amounts of controlled
substances in an inappropriate (manner) to many people who do not
[have] proven indications for the need of pain alleviating drugs.' ''
The Respondents further asserted that any decision involving the DEA
license at issue should be withheld pending the outcome of a scheduled
hearing before the Louisiana State Board of Medical Examiners (Board).
On May 31, 2002, the Government filed Government's Motion for
Summary Disposition and a request for stay of proceedings pending a
ruling on its motion. On June 3, 2002, the presiding Administrative Law
Judge Gail A. Randall (Judge Randall) issued an Order providing
Respondents until June 24, 2002, to respond to the Government's motion.
However, the Respondents did not file a response.
On July 19, 2002, Judge Randall issued her Opinion, Order, and
Recommended Ruling of the Administrative Law Judge (Opinion and
Recommended Ruling) where she granted the Government's motion for
summary disposition and found that the Respondents lack authorization
to handle controlled substances in the State of Louisiana. In granting
the Government's motion, Judge Randall also recommended that the
Respondents' DEA registration be revoked and any pending applications
for renewal be denied. Neither party filed exceptions to her Opinion
and Recommended Ruling, and on October 29, 2002, Judge Randall
transmitted the record of these proceedings to the Office of the Deputy
Administrator. The Deputy Administrator has considered the record in
its entirety, and pursuant to 21 CFR 1316.67, hereby issues his final
order based upon findings of fact and conclusions of law as hereinafter
set forth.
The Deputy Administrator finds that the Respondents are currently
registered as a practitioner under DEA Certificate of Registration
BC3404681. That registration was issued under the names of two separate
entities at an address in New Orleans, Louisiana. On February 14, 2002,
the Board issued its Order for Summary Suspension of Medical License
with respect to the Respondents' Louisiana medical license. The Board's
action was based on a finding that the Respondent inappropriately
prescribed ``large amounts of controlled drugs'' to individuals for no
legitimate medical purpose. While the Civil District Court of Louisiana
granted the Respondents' subsequent request for stay of the Board's
suspension order, that same court lifted the stay on February 22, 2002,
and reinstated the suspension of Respondents' medical license.
[[Page 24759]]
Notwithstanding the Respondents' request that DEA withhold its decision
regarding her Certificate of Registration pending completion of a Board
hearing, there is no evidence before the Deputy Administrator that the
Board has taken any action to lift the current suspension of the
Respondent's medical license.
In her Opinion and Recommended Ruling, Judge Randall found that the
Respondent is without State authority to handle controlled substances.
The Deputy Administrator adopts the finding of the Administrative Law
Judge.
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 conducts business. See 21 U.S.C. 802(21),
823(f) and 824(a)(3). This prerequisite has been consistently upheld.
See Muttaiya Darmarajeh, M.D.; 66 FR 52936 (2001); Dominick A. Ricci,
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
In light of the above, Judge Randall properly granted the
Government's Motion for Summary Disposition. There is no dispute that
the Respondents are currently without authorization to handle
controlled substances in Louisiana. Therefore, it is well settled that
when no question of material fact is involved, a plenary, adversary
administrative proceeding involving evidence and cross-examination of
witnesses is not obligatory. See Gilbert Ross, M.D., 61 FR 8664 (1996);
Philip E. Kirk, M.D., 48 FR 32,887 (1983), aff'd sub nom Kirk v.
Mullen, 749 F.2d 297 (6th Cir. 1984); NLRB v. International Association
of Bridge, Structural and Ornamental Ironworkers, AFL-CIO, 549 F.2d 634
(9th Cir. 1977).
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 CFR 0.100(b) and 0.104, hereby orders that DEA
Certificate of Registration BC3404681, issued to Jacqueline Cleggett-
Lucas, M.D. and JCL Enterprises, L.L.C. be, and it 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 June 9, 2003.
Dated: April 21, 2003.
John B. Brown III,
Deputy Administrator.
[FR Doc. 03-11435 Filed 5-7-03; 8:45 am]
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