Mark C. Evans, D.D.S.; Revocation of Registration, 35704-35705 [E6-9708]
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jlentini on PROD1PC65 with NOTICES
35704
Federal Register / Vol. 71, No. 119 / Wednesday, June 21, 2006 / Notices
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act of 1995. The proposed
information collection is published to
obtain comments from the public and
affected agencies. Comments are
encouraged and will be accepted for
‘‘sixty days’’ until August 21, 2006. This
process is conducted in accordance with
5 CFR 1320.10.
If you have comments especially on
the estimated public burden or
associated response time, suggestions,
or need a copy of the proposed
information collection instrument with
instructions or additional information,
please contact Christopher R. Reeves,
Chief, Federal Explosives Licensing
Center, 244 Needy Road, Martinsburg,
WV 25401.
Written comments and suggestions
from the public and affected agencies
concerning the proposed collection of
information are encouraged. Your
comments should address one or more
of the following four points:
—Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
—Evaluate the accuracy of the agencies
estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
—Enhance the quality, utility, and
clarity of the information to be
collected; and
—Minimize the burden of the collection
of information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms
of information technology, e.g.,
permitting electronic submission of
responses.
Overview of this information
collection:
(1) Type of Information Collection:
Extension of a currently approved
collection.
(2) Title of the Form/Collection:
Federal Explosives License/Permit (FEL)
Renewal Application.
(3) Agency form number, if any, and
the applicable component of the
Department of Justice sponsoring the
collection: Form Number: ATF F
5400.14/5400.15, Part III. Bureau of
Alcohol, Tobacco, Firearms and
Explosives.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Business or other forprofit. Other: Federal Government,
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18:26 Jun 20, 2006
Jkt 208001
State, Local, or Tribal Government. The
form is used for the renewal of a
explosive license or permit. The
renewal application is used by ATF to
determine that the applicant remains
eligible to retain the license or permit.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: It is estimated that 2,500
respondents will complete a 20 minute
form.
(6) An estimate of the total public
burden (in hours) associated with the
collection: There is an estimated 825
annual total burden hours associated
with this collection.
If additional information is required
contact: Lynn Bryant, Department
Deputy Clearance Officer, Policy and
Planning Staff, Justice Management
Division, Department of Justice, Patrick
Henry Building, Suite 1600, 601 D
Street NW, Washington, DC 20530.
Dated: June 15, 2006.
Lynn Bryant,
Department Deputy Clearance Officer,
Department of Justice.
[FR Doc. E6–9699 Filed 6–20–06; 8:45 am]
BILLING CODE 4410–FY–P
Discussion
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Mark C. Evans, D.D.S.; Revocation of
Registration
Procedural History
On June 24, 2004, the Deputy
Assistant Administrator, Office of
Diversion Control, Drug Enforcement
Administration (DEA), issued an Order
to Show Cause to Mark C. Evans, D.D.S.
(Respondent). The Show Cause Order
proposed the revocation of
Respondent’s DEA Certificate of
Registration, BE3323932, under 21
U.S.C. 824(a)(3), and to deny any
pending applications for renewal or
modification of that registration
pursuant to 21 U.S.C. 823(f). As grounds
for the action, the Show Cause Order
alleged that the Dental Board of
California had revoked Dr. Evans’s state
dental license, and as a result, he was
without state authorization to handle
controlled substances in that state. The
Show Cause Order notified Dr. Evans
that should no request for a hearing be
filed within 30 days, his hearing right
would be deemed waived.
On July 2, 2004, the Show Cause
Order was sent by certified mail to Dr.
Evans at his registered location in Palm
Desert, California. On that same date, a
second copy of the Show Cause Order
was sent by certified mail to Dr. Evans
PO 00000
Frm 00098
Fmt 4703
at a second location in La Quinta,
California. Both copies were
subsequently returned to DEA
unclaimed. DEA subsequently
attempted to send the Show Cause
Order to Dr. Evans at two additional
locations in Palm Desert, as well as a
location in Vancouver, Washington. On
each occasion, the orders were returned
unclaimed. As of this date, DEA has not
received a request for a hearing, or any
other reply from Dr. Evans or anyone
purporting to represent him in this
matter.
Therefore, the Deputy Administrator,
finding that (1) thirty days have passed
since the attempted delivery of the
Show Cause Order to the registrant’s
addresses of record, as well as to several
additional addresses, and (2) that no
request for a hearing has been received,
concludes that Dr. Evans has waived his
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 this final order without a
hearing pursuant to 21 CFR 1301.43(d)
and (e), and § 1301.46.
Sfmt 4703
The Deputy Administrator finds that
Dr. Evans is currently registered with
DEA as a practitioner authorized to
handle controlled substances in
Schedules II through V. According to
information in the investigative file,
DEA was notified by the Dental Board
of California (the Dental Board) that Dr.
Evans’s state dental license was revoked
effective December 18, 2002. This
information is corroborated by a Default
Decision and Order of the Dental Board,
which is included in the investigative
file. There is no evidence before the
Deputy Administrator that Dr. Evans’s
California dental license has been
reinstated or that the Dental Board’s
revocation order has been vacated.
Therefore, the Deputy Administrator
finds that because Dr. Evans is currently
not authorized to practice dentistry in
California, he is not authorized 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
practices dentistry. See 21 U.S.C.
802(21), 823(f) and 824(a)(3). This
prerequisite has been consistently
applied. See James Marvin Goodrich,
M.D., 70 FR 24619 (2005); Dominick A.
Ricci, M.D., 58 FR 51104 (1993); Bobby
Watts, M.D., 53 FR 11919 (1988).
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21JNN1
Federal Register / Vol. 71, No. 119 / Wednesday, June 21, 2006 / Notices
Here, it is clear that Dr. Evans’s dental
license has been revoked and the
revocation order has not been vacated.
Consequently, Dr. Evans is not licensed
to handle controlled substances in
California, the jurisdiction in which he
is registered with DEA. Therefore, he is
not entitled to maintain that
registration.
Order
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 DEA
Certificate of Registration, BE3323932,
issued to Mark C. Evans, D.D.S, be, and
it hereby is, revoked. The Deputy
Administrator further orders that any
pending applications for renewal or
modification of the aforementioned
registration be, and they hereby are,
denied. This order is effective July 21,
2006.
Dated: June 12, 2006.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E6–9708 Filed 6–20–06; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 02–47]
jlentini on PROD1PC65 with NOTICES
John H. Kennnedy, M.D.; Denial of
Application; Introduction and
Procedural History
On May 31, 2002, the Deputy
Assistant Administrator, Office of
Diversion Control, Drug Enforcement
Administration (DEA), issued an Order
to Show Cause to John H. Kennedy,
M.D. (Respondent). The Show Cause
Order proposed to deny Respondent’s
pending application for a registration as
a practitioner on the grounds that
Respondent had been convicted of a
drug-related felony, see 21 U.S.C.
823(f)(3) & 824(a)(2), and had committed
other acts such as to render his
registration inconsistent with the public
interest. See id. § 824(a)(4).
The Show Cause Order specifically
alleged that on September 14, 1999,
Respondent was indicted in the United
States District Court for the Eastern
District of Tennessee on five counts
alleging the unlawful distribution of a
controlled substance, see id.
§ 841(a)(1),1 and one count alleging the
unlawful possession of marijuana. See
1 Three of the counts alleged the unlawful
distribution of dihyrdocodeine; two of the counts
alleged the unlawful distribution of diazepam.
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18:26 Jun 20, 2006
Jkt 208001
id. § 844. The Order alleged that on
March 6, 2000, Respondent pled guilty
to one count of the unlawful
distribution of diazepam, in violation of
21 U.S.C. 841(b)(1)(D), and one count of
possession of marijuana, in violation of
21 U.S.C. 844. The Order further alleged
that on June 19, 2000, the District Court
accepted Respondent’s guilty pleas and
sentenced him to twelve months of
home detention and five years of
probation. The terms of the probation
prohibited Respondent from
employment as a physician and from
dispensing prescription drugs without
the permission of his probation officer.
While the Federal criminal case was
ongoing, Respondent was also the
subject of state administrative
proceedings. On May 9, 2000,
Respondent entered into a consent order
with the Tennessee Board of Medical
Examiners (Board) which revoked his
state medical license. The Board found
that Respondent had committed
unprofessional, dishonorable and
unethical conduct. The Board also
found that Respondent had dispensed,
prescribed or otherwise distributed
controlled substances in violation of
state or Federal law. On June 15, 2000,
Respondent also voluntarily
surrendered his DEA Registration, No.
AK7140736.
Thereafter, Respondent reapplied for
his state medical license. On July 31,
2001, the Board approved his
application.
On August 16, 2001, Respondent
applied for a new DEA practitioner’s
registration to handle controlled
substances in Schedules II through V.
Following an investigation, DEA denied
the application and issued the Show
Cause Order.
Respondent requested a hearing. The
matter was assigned to Administrative
Law Judge (ALJ) Mary Ellen Bittner,
who conducted a hearing in
Chattanooga, Tennessee on April 1 and
2, 2003. At the hearing, both the
Government and Respondent called
witnesses and introduced documentary
evidence. Both parties filed post-hearing
briefs. Respondent also filed a letter
forwarding the Tennessee Board of
Medical Examiners’ Order of
Compliance, which restored his state
license to unencumbered status.
On April 13, 2005, the ALJ submitted
her decision. The ALJ concluded that
the Government had shown by a
preponderance of the evidence that
granting Respondent’s application for
registration would be inconsistent with
the public interest. See ALJ at 18. The
ALJ thus recommended that
Respondent’s application be denied. See
id. Neither party filed exceptions.
PO 00000
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Fmt 4703
Sfmt 4703
35705
Having considered the record as a
whole, I hereby issue this decision and
final order adopting the ALJ’s findings
of fact and conclusions of law except as
expressly noted herein. For the reasons
set forth below, I concur with the ALJ’s
conclusion that granting Respondent’s
application for a registration would be
inconsistent with the public interest. I
therefore adopt the ALJ’s
recommendation that Respondent’s
pending application be denied.
Findings of Fact
Respondent graduated from the
University of Tennessee in 1963. Before
entering the University of Louisville
School of Medicine, Respondent served
in the U.S. Navy and also was a sales
representative for the Upjohn Company
for a period of seven years.
In 1975, Respondent graduated from
medical school and served a one-year
internship at Erlanger Hospital in
Chattanooga, Tennessee. Following his
internship, Respondent entered into a
family practice, sharing office space
with another physician for a period of
seven years. In 1983, Respondent moved
his practice to North Park Hospital in
Chattanooga and maintained that
practice as of the date of the hearing.
Sometime in 1997, the Hamilton
County Sheriff’s Office received
information from an informant
implicating a Ms. Beth Harvey in the
unlawful sale of Valium (Diazepam), a
Schedule IV controlled substance. Mr.
Jeffrey Parton, a detective with the
Hamilton County Narcotics Division,
conducted several interviews of Ms.
Harvey. Ms. Harvey told Detective
Parton that she had become a patient of
Respondent based on the advice of
friends who had told her that he was a
good doctor to see to obtain diet drugs.
Ms. Harvey also told Detective Parton
that Respondent would provide her
with pain medication without
conducting a physical exam and that
she could buy hydrocodone samples
from him. Tr. 32–33.
Sometime between October 28 and
November 10, 1997, the Narcotics
Division executed a search warrant at
Harvey’s residence. During the search,
the police found a 1000-count bottle of
Valium. Most of the pills were missing.
Harvey returned to her residence during
the search and was questioned by the
police about the Valium’s source.
Harvey told the police that she had
obtained the drugs from Respondent on
October 28th, and that she was to sell
it on the street and return a portion of
the profits to him.
Thereafter, Harvey agreed to
cooperate with the police in their
investigation of Respondent. Between
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]]>Agencies
[Federal Register Volume 71, Number 119 (Wednesday, June 21, 2006)]
[Notices]
[Pages 35704-35705]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9708]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Mark C. Evans, D.D.S.; Revocation of Registration
Procedural History
On June 24, 2004, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Mark C. Evans, D.D.S. (Respondent). The Show
Cause Order proposed the revocation of Respondent's DEA Certificate of
Registration, BE3323932, under 21 U.S.C. 824(a)(3), and to deny any
pending applications for renewal or modification of that registration
pursuant to 21 U.S.C. 823(f). As grounds for the action, the Show Cause
Order alleged that the Dental Board of California had revoked Dr.
Evans's state dental license, and as a result, he was without state
authorization to handle controlled substances in that state. The Show
Cause Order notified Dr. Evans that should no request for a hearing be
filed within 30 days, his hearing right would be deemed waived.
On July 2, 2004, the Show Cause Order was sent by certified mail to
Dr. Evans at his registered location in Palm Desert, California. On
that same date, a second copy of the Show Cause Order was sent by
certified mail to Dr. Evans at a second location in La Quinta,
California. Both copies were subsequently returned to DEA unclaimed.
DEA subsequently attempted to send the Show Cause Order to Dr. Evans at
two additional locations in Palm Desert, as well as a location in
Vancouver, Washington. On each occasion, the orders were returned
unclaimed. As of this date, DEA has not received a request for a
hearing, or any other reply from Dr. Evans or anyone purporting to
represent him in this matter.
Therefore, the Deputy Administrator, finding that (1) thirty days
have passed since the attempted delivery of the Show Cause Order to the
registrant's addresses of record, as well as to several additional
addresses, and (2) that no request for a hearing has been received,
concludes that Dr. Evans has waived his 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
this final order without a hearing pursuant to 21 CFR 1301.43(d) and
(e), and Sec. 1301.46.
Discussion
The Deputy Administrator finds that Dr. Evans is currently
registered with DEA as a practitioner authorized to handle controlled
substances in Schedules II through V. According to information in the
investigative file, DEA was notified by the Dental Board of California
(the Dental Board) that Dr. Evans's state dental license was revoked
effective December 18, 2002. This information is corroborated by a
Default Decision and Order of the Dental Board, which is included in
the investigative file. There is no evidence before the Deputy
Administrator that Dr. Evans's California dental license has been
reinstated or that the Dental Board's revocation order has been
vacated. Therefore, the Deputy Administrator finds that because Dr.
Evans is currently not authorized to practice dentistry in California,
he is not authorized 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 practices dentistry. See 21 U.S.C. 802(21),
823(f) and 824(a)(3). This prerequisite has been consistently applied.
See James Marvin Goodrich, M.D., 70 FR 24619 (2005); Dominick A. Ricci,
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
[[Page 35705]]
Here, it is clear that Dr. Evans's dental license has been revoked
and the revocation order has not been vacated. Consequently, Dr. Evans
is not licensed to handle controlled substances in California, the
jurisdiction in which he is registered with DEA. Therefore, he is not
entitled to maintain that registration.
Order
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 DEA Certificate of
Registration, BE3323932, issued to Mark C. Evans, D.D.S, be, and it
hereby is, revoked. The Deputy Administrator further orders that any
pending applications for renewal or modification of the aforementioned
registration be, and they hereby are, denied. This order is effective
July 21, 2006.
Dated: June 12, 2006.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E6-9708 Filed 6-20-06; 8:45 am]
BILLING CODE 4410-09-P
