Combating Exploitive Child Labor Through Education in Guyana; Correction, 28581 [05-9870]
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Federal Register / Vol. 70, No. 95 / Wednesday, May 18, 2005 / Notices
Diversion Control, Drug Enforcement
Administration (DEA), issued an Order
to Show Cause to Rebecca Sotelo
(Respondent) who was notified of an
opportunity to show cause as to why
DEA should not deny her application
for registration as a mid-level
practitioner, pursuant to 21 U.S.C.
824(a)(3) and 823(f).
The Order to Show Cause alleged that
Respondent had not been granted
Prescribing and Dispensing Authority
by the Arizona State Board of Nursing
and was not authorized to handle
controlled substances in Arizona, the
State in which she practices. The Order
to Show Cause also notified Respondent
that should no request for a hearing be
filed within 30 days, her hearing right
would be deemed waived.
The Order to Shaw Cause was sent by
certified mail to Respondent’s residence
at 4479 N. Camino Del Ray, Tucson,
Arizona 85718. According to the return
receipt, the Order to Show Cause was
delivered to Respondent on October 18,
2004. DEA has not received a request for
a hearing or any other reply from
Respondent or anyone purporting to
represent her in the matter.
Therefore, the Deputy Administrator
of DEA, finding that (1) thirty days
having passed since the delivery of the
Order to Show Cause to the Respondent
and (2) no request for hearing having
been received, concludes that
Respondent is deemed to have waived
her hearing right. See David W. Linder,
67 FR 12579 (2002). After considering
material from the investigative file in
this matter, the Deputy Administrator
now enters her final order without a
hearing pursuant to 21 CFR 1301.43(d)
and (e) and 1301.46.
The Deputy Administrator finds that
on March 3, 2004, Respondent, a nurse
practitioner, applied for registration
with DEA as a mid-level practitioner in
Schedules II–V (Control No.
E06325608N). She had previously been
registered with DEA in that same status
under Certificate of Registration
MS0233222 but allowed the registration
to expire on March 29, 2003, and it was
retired from the DEA registration
system.
Respondent had been licensed as a
Registered Nurse with the Arizona State
Board of Nursing (Board) and possessed
a Certificate for Advance Practice,
which is required by the Board for a
nurse to act as a Nurse Practitioner.
Under Arizona law and regulations,
Nurse Practitioners may prescribe and
dispense controlled substances if they
are registered with DEA and the Board
had granted them Prescribing and
Dispensing Authority.
VerDate jul<14>2003
14:03 May 17, 2005
Jkt 205001
Respondent’s initial Prescribing and
Dispensing Authority expired on
December 31, 1998, and her state
nursing license, together with her
Advance Practice Certificate, expired on
June 30, 2003. In February 2004, she
renewed her nursing license and
Advanced Practice Certificate. However,
she did not attempt to renew her
Prescribing and Dispensing Authority.
In June 2004, after Respondent
submitted her current application for
DEA registration, the Board notified
DEA investigators that because of public
complaints lodged against her,
Respondent’s Prescribing and
Dispensing Authority would not be
renewed without an investigation and
resolution of the allegations. On July 15,
2004, the State board advised DEA the
Respondent ‘‘has not possessed the
authority to prescribe and/or dispense
medications as a nurse practitioner in
the state of Arizona from January 1,
1999, to present.’’
There is no evidence before the
Deputy Administrator that Respondent’s
Prescribing and Dispensing Authority
has been since been renewed. Therefore,
the Deputy Administrator finds that
Respondent is not currently authorized
to handle controlled substances in the
State of Arizona.
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 she
conducts business. See 21 U.S.C.
802(21), 823(f) and 824(a)(3). This
prerequisite has been consistently
upheld. See Rory Patrick Doyle, M.D.,
69 FR 11,655 (2004); Dominick A. Ricci,
M.D., 58 FR 51,104 (1993); Bobby Watts,
M.D., 53 FR 11,919 (1988).
Here, it is clear Respondent is not
currently authorized to handle
controlled substances in Arizona, where
she currently practices. Therefore, she is
not entitled to a DEA registration in that
State.
Accordingly, the 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 the pending
application for a DEA Certificate of
Registration, submitted by Rebecca
Sotelo, be, and it hereby is, denied. This
order is effective June 17, 2005.
Dated: May 9, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05–9835 Filed 5–17–05; 8:45 am]
BILLING CODE 4410–09–M
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28581
DEPARTMENT OF LABOR
Office of the Secretary
Combating Exploitive Child Labor
Through Education in Guyana;
Correction
Bureau of International Labor
Affairs, Department of Labor.
ACTION: Correction.
AGENCY:
In notice document 05–9284
beginning on page 24632 in the issue of
Tuesday, May 10, 2005, make the
following correction:
On page 24632 in the third column,
the population statistics previously
listed in the second sentence under the
heading ‘‘Barriers to Education for
Working Children in Guyana’’ are
incorrect. This sentence should be
changed to read ‘‘UNICEF has estimated
that 27 percent of children ages 5 to 14,
or approximately 44,500 children, were
working in Guyana in 2000.’’
SUMMARY:
Dated: May 11, 2004.
Valerie Veatch,
Grant Officer.
[FR Doc. 05–9870 Filed 5–17–05; 8:45 am]
BILLING CODE 4510–23–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. NRTL2–2001]
TUV America, Inc., Application for
Expansion of Recognition
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:
SUMMARY: This notice announces the
application of TUV America, Inc.,
(TUVAM) for expansion of its
recognition to use additional test
standards, and presents the Agency’s
preliminary finding. This preliminary
finding does not constitute an interim or
temporary approval of this application.
DATES: You must submit information or
comments, or any request for extension
of the time to comment, by the
following dates:
• Hard copy: Your information or
comments must be submitted
(postmarked or sent) by June 2, 2005.
• Electronic transmission or
facsimile: Your comments must be sent
by June 2, 2005.
ADDRESSES: You may submit
information or comments to this
notice—identified by docket number
NRTL2–2001—by any of the following
methods:
E:\FR\FM\18MYN1.SGM
18MYN1
]]>Agencies
[Federal Register Volume 70, Number 95 (Wednesday, May 18, 2005)]
[Notices]
[Page 28581]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9870]
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DEPARTMENT OF LABOR
Office of the Secretary
Combating Exploitive Child Labor Through Education in Guyana;
Correction
AGENCY: Bureau of International Labor Affairs, Department of Labor.
ACTION: Correction.
-----------------------------------------------------------------------
SUMMARY: In notice document 05-9284 beginning on page 24632 in the
issue of Tuesday, May 10, 2005, make the following correction:
On page 24632 in the third column, the population statistics
previously listed in the second sentence under the heading ``Barriers
to Education for Working Children in Guyana'' are incorrect. This
sentence should be changed to read ``UNICEF has estimated that 27
percent of children ages 5 to 14, or approximately 44,500 children,
were working in Guyana in 2000.''
Dated: May 11, 2004.
Valerie Veatch,
Grant Officer.
[FR Doc. 05-9870 Filed 5-17-05; 8:45 am]
BILLING CODE 4510-23-P
