[Federal Register Volume 76, Number 18 (Thursday, January 27, 2011)]
[Notices]
[Page 4940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1692]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


John G. Costino, D.O.; Dismissal of Proceeding

    On June 1, 2010, the Deputy Assistant Administrator, Office of 
Diversion Control, issued an Order to Show Cause to John G. Costino, 
D.O. (Respondent), of North Wildwood, New Jersey. The Show Cause Order 
proposed the revocation of Respondent's DEA Certificate of 
Registration, AC5210480, and the denial of pending applications to 
renew or modify his registration, on the ground that ``[a]s a result of 
actions by the New Jersey State Medical Board, [Respondent is] 
currently without authority to handle controlled substances in the 
State of New Jersey, the state in which [he is] registered with DEA.'' 
Show Cause Order at 1. The Show Cause Order also notified Respondent of 
his right to request a hearing on the allegations or to submit a 
written statement in lieu of hearing, the procedures for doing either, 
and the consequence for failing to do either. Id. at 2 (citing 21 CFR 
1301.43(a), (c), (d) & (e)).
    On June 17, 2010, Respondent filed a letter with the Hearing Clerk 
in which he noted that he had filed an appeal of some unspecified 
action and that he was ``requesting reinstatement of [his] medical 
license among other things.'' Letter of Respondent to Hearing Clerk 
(June 14, 2010). Therein, Respondent also filed a request to waive his 
right to a hearing. Id.
    Thereafter, the Government submitted the record to me for Final 
Agency Action. Based on Respondent's letter to the Hearing Clerk, I 
find that Respondent has waived his right to a hearing. I further find, 
however, that Respondent's registration expired on August 31, 2010, and 
that Respondent has not filed a renewal application.
    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). Because Respondent's registration has expired and there 
is no pending application to act upon, I conclude that this case is now 
moot.

Order

    Pursuant to the authority vested in me by 21 U.S.C. 823(f) & 
824(a), as well as 28 CFR 0.100(b) and 0.104, I hereby order that the 
Order to Show Cause issued to John G. Costino, D.O., be, and it hereby 
is, dismissed.

    Dated: January 18, 2011.
Michele M. Leonhart,
Administrator.
[FR Doc. 2011-1692 Filed 1-26-11; 8:45 am]
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