Record of Vote of Meeting Closure (Public Law 94-409) (5 U.S.C. 552b), 5083 [07-456]
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Federal Register / Vol. 72, No. 22 / Friday, February 2, 2007 / Notices
Findings
Respondent holds DEA Certificate of
Registration, BB2195116, which
authorizes him to act as a practitioner
under the Controlled Substances Act.
Respondent’s registered location is 909
N. D Street, San Bernardino, CA.
Respondent’s registration does not
expire until July 31, 2007.
Respondent was also the holder of a
Physician and Surgeon’s license
(G67327) issued by the Medical Board of
California. According to the official
records of the Medical Board (which
were checked on December 18, 2006),
Respondent surrendered his license
with an effective date of December 16,
2004. Moreover, Respondent has
submitted no evidence to this Agency
showing that the State’s order has been
vacated or that he has been granted a
new license. Respondent therefore lacks
authority under California law to
practice medicine and handle controlled
substances.
sroberts on PROD1PC70 with NOTICES
Discussion
Under the Controlled Substances Act
(CSA), a practitioner must be currently
authorized to handle controlled
substances in ‘‘the jurisdiction in which
he practices’’ in order to maintain a
DEA registration. See 21 U.S.C. 802(21)
(‘‘[t]he term ‘practitioner’ means a
physician * * * licensed, registered, or
otherwise permitted, by * * * the
jurisdiction in which he practices * * *
to distribute, dispense, [or] administer
* * * a controlled substance in the
course of professional practice’’). See
also id. sec. 823(f) (‘‘The Attorney
General shall register practitioners
* * * if the applicant is authorized to
dispense * * *controlled substances
under the laws of the State in which he
practices.’’). DEA has held repeatedly
that the CSA requires the revocation of
a registration issued to a practitioner
whose state license has been suspended
or revoked. See Sheran Arden Yeates, 71
FR 39130, 39131 (2006); Dominick A.
Ricci, 58 FR 51104, 51105 (1993); Bobby
Watts, 53 FR 11919, 11920 (1988). See
also 21 U.S.C. 824(a)(3)(authorizing the
revocation of a registration ‘‘upon a
finding that the registrant * * * has had
his State license or registration
suspended [or] revoked * * * and is no
longer authorized by State law to engage
in the * * * distribution [or] dispensing
of controlled substances’’).
Following service of the Show Cause
Order, Respondent submitted a letter
asserting that he had rejected the
Medical Board’s settlement stipulation.
Respondent also contended that the
stipulation was illegal because its terms
VerDate Aug<31>2005
16:13 Feb 01, 2007
Jkt 211001
were illusory, fraudulent and
unconscionable.
As found above, the official records of
the Medical Board of California indicate
that Respondent does not hold a current
state medical license and therefore is
without authority to handle controlled
substances in the State where he is
registered with DEA. As for
Respondent’s conclusory assertions
regarding the illegality of the
stipulation, DEA precedents hold that a
registrant can not collaterally attack the
results of a state criminal or
administrative proceeding in a
proceeding under section 304 of the
CSA. See Shahid Musud Siddiqui, 61
FR 14818, 14818–19 (1996); Robert A.
Leslie, 60 FR 14004, 14005 (1995). Thus,
even if Respondent had submitted
evidence establishing the illegality of
the stipulation, a DEA Show Cause
Proceeding is not the proper forum to
litigate the issue. Because Respondent
lacks authority under California law to
handle controlled substances, he is not
entitled to maintain his DEA
registration.
Accordingly, pursuant to the
authority vested in me by 21 U.S.C.
823(f) & 824(a), as well as 28 CFR
0.100(b) & 0.104, I hereby order that
DEA Certificate of Registration,
BB2195116, issued to Sunil Bhasin,
M.D., be, and it hereby is, revoked. I
further order that any pending
applications for renewal or modification
of such registration be, and they hereby
are, denied. This order is effective
March 5, 2007.
Dated: January 26, 2007.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E7–1711 Filed 2–1–07; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Parole Commission
Record of Vote of Meeting Closure
(Public Law 94–409) (5 U.S.C. 552b)
I, Edward F. Reilly, Jr., Chairman of
the United States Parole Commission,
was present at a meeting of said
Commission, which started at
approximately 1:30 p.m., on
Wednesday, January 24, 2007, at the
U.S. Parole Commission, 5550
Friendship Boulevard, 4th Floor, Chevy
Chase, Maryland 20815. The purpose of
the meeting was to decide two petitions
for reconsideration pursuant to 28
C.F.R. 2.27. Four Commissioners were
Frm 00086
present, constituting a quorum when the
vote to close the meeting was submitted.
Public announcement further
describing the subject matter of the
meeting and certifications of General
Counsel that this meeting may be closed
by vote of the Commission present were
submitted to the Commissioners prior to
the conduct of any other business. Upon
motion duly made, seconded, and
carried, the following Commissioners
voted that the meeting be closed:
Edward F. Reilly, Jr., Cranston J.
Mitchell, Isaac Fulwood, Jr., and
Patricia Cushwa.
In witness whereof, I make this official
record of the vote taken to close this
meeting and authorize this record to be
made available to the public.
Dated: January 25, 2007.
Edward F. Reilly, Jr.,
Chairman, Parole Commission.
[FR Doc. 07–456 Filed 2–1–07; 8:45 am]
BILLING CODE 4410–01–M
DEPARTMENT OF JUSTICE
Federal Bureau of Prisons
Order
PO 00000
5083
Fmt 4703
Sfmt 4703
Notice of the Availability of the Finding
of No Significant Impact for the
Criminal Alien Requirement VI
Federal Bureau of Prisons,
Department of Justice.
ACTION: Notice; Finding of No
Significant Impact.
AGENCY:
SUMMARY: The U.S. Department of
Justice, Federal Bureau of Prisons (BOP)
announces the availability of the
Finding of No Significant Impact
(FONSI) concerning the Criminal Alien
Requirement VI (CAR VI). The BOP is
seeking flexibility in managing its
current shortage of beds by contracting
for those services with non-federal
facilities to house federal inmates. This
approach provides the BOP with
flexibility to meet population capacity
needs in a timely fashion, conform with
federal law, and maintain fiscal
responsibility, while successfully
attaining the mission of the BOP.
Initially, the BOP proposed to contract
with multiple public and private
corporations to house approximately
7,000 Federal, low-security, adult male,
non-U.S. citizen, criminal aliens in
existing Contractor-Owned/ContractorOperated facilities located in Arizona,
California, Louisiana, New Mexico,
Oklahoma, or Texas. The awards would
be granted to the responsible offerors
whose offers are found to be most
advantageous to the Government. Five
existing facilities, have been offered in
response to the BOP’s solicitation for
E:\FR\FM\02FEN1.SGM
02FEN1
]]>Agencies
[Federal Register Volume 72, Number 22 (Friday, February 2, 2007)]
[Notices]
[Page 5083]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-456]
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DEPARTMENT OF JUSTICE
Parole Commission
Record of Vote of Meeting Closure (Public Law 94-409) (5 U.S.C.
552b)
I, Edward F. Reilly, Jr., Chairman of the United States Parole
Commission, was present at a meeting of said Commission, which started
at approximately 1:30 p.m., on Wednesday, January 24, 2007, at the U.S.
Parole Commission, 5550 Friendship Boulevard, 4th Floor, Chevy Chase,
Maryland 20815. The purpose of the meeting was to decide two petitions
for reconsideration pursuant to 28 C.F.R. 2.27. Four Commissioners were
present, constituting a quorum when the vote to close the meeting was
submitted.
Public announcement further describing the subject matter of the
meeting and certifications of General Counsel that this meeting may be
closed by vote of the Commission present were submitted to the
Commissioners prior to the conduct of any other business. Upon motion
duly made, seconded, and carried, the following Commissioners voted
that the meeting be closed: Edward F. Reilly, Jr., Cranston J.
Mitchell, Isaac Fulwood, Jr., and Patricia Cushwa.
In witness whereof, I make this official record of the vote taken
to close this meeting and authorize this record to be made available to
the public.
Dated: January 25, 2007.
Edward F. Reilly, Jr.,
Chairman, Parole Commission.
[FR Doc. 07-456 Filed 2-1-07; 8:45 am]
BILLING CODE 4410-01-M
