[Federal Register: December 2, 2003 (Volume 68, Number 231)]
[Notices]
[Page 67475]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02de03-97]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 3-4]
Anthony D. Dinozzi, D.D.S., Revocation of Registration
On September 25, 2002, the Deputy Assistant Administrator, Office
of Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Anthony David Dinozzi, D.D.S. (Respondent)
notifying him of an opportunity to show cause as to why DEA should not
revoke his DEA Certificate of Registration, BD4361692 under 21 U.S.C.
824(a)(2), (a)(3), and (a)(4). The Order to Show Cause further sought
to deny any pending applications for renewal or modification of the
Repsondent's registration for reasons that he was convicted of a felony
offense related to controlled substances, is not authorized to handle
controlled substances, and his continued registration would be
inconsistent with the public interest.
Specifically, the Order to Show alleged that the Respondent is not
authorized under state law to handle controlled substances based upon
the March 31, 2001, expiration of his Pennsylvania state license to
practice dentistry. The Order to Show Cause further alleged that the
Respondent was convicted in Clermont County, Ohio on charges of
Tampering with Evidence (a third degree felony) and Aggravated
Trafficking in Drugs under Bulk (a fourth degree felony).
By letter dated October 11, 2002, the Respondent, acting pro se,
timely requested a hearing in this matter. On October 25, 2002, the
presiding Administrative Law Judge Mary Ellen Bittner (Judge Bittner)
issued to the Government as well as the Respondent an Order for
Prehearing Statements.
In view of filing a prehearing statement, the Government filed
Government's Request for Stay of Proceedings and Motion for Summary
Judgment. The Government asserted that the Respondent is without
authorization to handle controlled substances in the State of
Pennsylvania, and as a result, further proceedings in the matter were
not required. On November 6, 2002, Judge Bittner issued a Memorandum to
Counsel staying the Order for Filing Prehearing Statements, and
afforded the Respondent until November 25, 2002, to respond to the
Government's Motion. The Respondent did not file a response.
Accordingly, on January 13, 2003, Judge Bittner issued her Opinion
and Recommended Decision of the Administrative Law Judge (Opinion and
Recommended Decision). As part of her recommended ruling, Judge Bittner
granted the Government's Motion for Summary Disposition and found that
the Respondent lacked authorization to handle controlled substances in
Pennsylvania, the jurisdiction in which the is registered with DEA. In
granting the Government's motion, Judge Bittner also recommended that
the Respondent's DEA registration be revoked and any pending
applications for modification or renewal be denied. No exceptions were
filed by either party to Judge Bittner's Opinion and Recommended
Decision, and on February 19, 2003, the record of these proceedings was
transmitted to the Office of the DEA Deputy Administrator.
The Acting Deputy Administrator has considered the record in its
entirety and pursuant to 21 CFR 1316.67, hereby issues her final order
based upon findings of fact and conclusions of law as hereinafter set
forth. The Acting Deputy Administrator adopts, in full, the Opinion and
Recommended Decision of the Administrative Law Judge.
The Acting Deputy Administrator finds that the Respondent currently
possesses DEA Certificate of Registration BD4361692, and is registered
to handle controlled substances in Pennsylvania. The Acting Deputy
Administrator further finds that on March 31, 2001, the Respondent
license to practice dentistry expired. There is no evidence before the
Acting Deputy Administrator that the Respondent has applied for, and
been granted renewal of his Pennsylvania dental license. Therefore, the
Acting Deputy Administrator finds that the Respondent is currently not
licensed to practice dentistry in Pennsylvania and as a result, it is
reasonable to infer that he is also without authorization to handle
controlled substances in that state.
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 Kanwaljit S. Serai, M.D., 68 FR 48943 (2003); Dominick A. Ricci,
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988). The
agency has further held that a person may not hold a DEA registration
even if the loss of state authority is due to the expiration of state
licensure without further action by the state. William D. Levitt, D.O.,
64 FR 49,822 (1999).
Here, it is clear that the Respondent is not currently licensed to
handle controlled substances in Pennsylvania, where he is registered
with DEA. Therefore, he is not entitled to maintain that registration.
Because the Respondent is not entitled to a DEA registration in
Pennsylvania due to his lack of state authorization to handle
controlled substances, the Acting Deputy Administrator concludes that
it is unnecessary to address whether the Respondent's registration
should be revoked based upon the other grounds asserted in the Order to
Show Cause. See Cordell Clark, M.D., 68 FR 48942 (2003); Nathaniel-
Aikens-Afful, M.D., 62 FR 16871 (1997); Sam F. Moore, D.V.M., 58 FR
14428 (1993).
Accordingly, the Acting Deputy Administrator of the Drug
Enforcement Administration, pursuant to the authority vested in her by
21 U.S.C. 823 and 824 and 28 CFR 0.100(b) and 0.104, hereby orders that
DEA Certificate of Registration, BD4361692, issued to Anthony David
Dinozzi, D.D.S., be, and it hereby is, revoked. The Acting Deputy
Administrator further orders that any pending applications for renewal
of such registration be, and they hereby are, denied. This order is
effective January 2, 2004.
Dated: November 13, 2003.
Michele M. Leonhart,
Acting Deputy Administrator.
[FR Doc. 03-29966 Filed 12-01-03; 8:45 am]
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