National Endowment for the Arts; Arts Advisory Panel, 75776 [E8-29431]
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Federal Register / Vol. 73, No. 240 / Friday, December 12, 2008 / Notices
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2005). Finally, where the Government
has made out its prima facie case, the
burden shifts to the Respondent to show
why its continued registration would be
consistent with the public interest. See,
e.g., Theodore Neujahr, 65 FR 5680,
5682 (2000); Service Pharmacy, Inc., 61
FR10791, 10795 (1996).
In this case, having considered all of
the factors, I conclude that the evidence
with respect to factors two and four
establishes a prima facie case that
Respondent’s continued registration is
‘‘inconsistent with the public interest.’’
21 U.S.C. 823(f). Accordingly,
Respondent’s registration will be
revoked and any pending application
for renewal of its registration will be
denied.
Factors Two and Four—Respondent’s
Experience in Dispensing Controlled
Substances and Its Record of
Compliance With Applicable
Controlled Substance Laws
As found above, the evidence in this
matter establishes that Respondent was
a supply source for the illicit drug
market in such highly abused
prescription drugs as oxycodone, a
schedule II controlled substance, and
alprazolam, a schedule IV controlled
substance. As the record shows, at least
three individuals including
Respondent’s owner unlawfully
distributed prescription controlled
substances which had been obtained by
the pharmacy. See 21 U.S.C. 841(a)(1).
Even if it was the case that LeeRichards (the pharmacy technician) and
Friedberg (the pharmacist) had stolen
the drugs they were distributing, the
criminal acts of Stanley Dyen,
Respondent’s owner and pharmacist-incharge, in distributing hydrocodone and
alprazolam, provide ample support to
conclude that its continued registration
is ‘‘inconsistent with the public
interest.’’ See VI Pharmacy, Rushdi Z.
Salem, 69 FR 5584, 5585 (2004) (‘‘It is
well settled that a pharmacy operates
under the control of owners,
stockholders, pharmacists, * * * and if
any such person is convicted of a felony
offense related to controlled substances,
grounds exists to revoke the pharmacy’s
registration.’’); Charles J. Gartland,
R.Ph., d.b.a. Manoa Pharmacy, 48 FR
28760, 28761 (1983) (‘‘Pharmacies must
operate through the agency of natural
persons, owners or stockholders, or
other key employees. When such
persons misuse the pharmacy’s
registration by diverting controlled
substances obtained there under, and
when those individuals are convicted as
a result of that diversion, the
pharmacy’s registration becomes subject
to revocation under 21 U.S.C. 824, just
VerDate Aug<31>2005
17:56 Dec 11, 2008
Jkt 217001
as if the pharmacy itself had been
convicted.’’).
Nor is this rule limited to those
instances in which a pharmacy’s owner
or key employee has been formally
convicted of a crime. As explained
above, under Federal law, a registration
is subject to revocation when a
registrant commits acts which render its
registration ‘‘inconsistent with the
public interest.’’ 21 U.S.C. 824(a)(4).
Where a pharmacy’s owner/key
employee commits criminal acts, the
Agency is not required to wait for the
judicial process to work its course
before revoking a registration. I therefore
conclude that Respondent’s continued
registration ‘‘is inconsistent with the
public interest,’’ 21 U.S.C. 823(f), and
that its registration should be revoked.
Order
Pursuant to the authority vested in me
by 21 U.S.C. 823(f) and 824(a)(4), as
well as 28 CFR 0.100(b) & 0.104, I
hereby order that DEA Certificate of
Registration, AY1916103, issued to Your
Druggist Pharmacy, be, and it hereby is,
revoked. I further order that any
pending applications to renew or
modify the registration be, and they
hereby are, denied. This Order is
effective immediately.
Dated: December 2, 2008.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E8–29407 Filed 12–11–08; 8:45 am]
to 5:30 p.m. on January 8th, and 9 a.m.
to 3:30 p.m. on January 9th, will be
closed.
The closed portions of meetings are
for the purpose of Panel review,
discussion, evaluation, and
recommendations on financial
assistance under the National
Foundation on the Arts and the
Humanities Act of 1965, as amended,
including information given in
confidence to the agency. In accordance
with the determination of the Chairman
of February 28, 2008, these sessions will
be closed to the public pursuant to
subsection (c)(6) of section 552b of Title
5, United States Code.
Any person may observe meetings, or
portions thereof, of advisory panels that
are open to the public, and if time
allows, may be permitted to participate
in the panel’s discussions at the
discretion of the panel chairman. If you
need special accommodations due to a
disability, please contact the Office of
AccessAbility, National Endowment for
the Arts, 1100 Pennsylvania Avenue,
NW., Washington, DC 20506, 202/682–
5532, TDY–TDD 202/682–5496, at least
seven (7) days prior to the meeting.
Further information with reference to
these meetings can be obtained from Ms.
Kathy Plowitz-Worden, Office of
Guidelines & Panel Operations, National
Endowment for the Arts, Washington,
DC 20506, or call 202/682–5691.
BILLING CODE 4410–09–P
NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
Dated: December 9, 2008.
Kathy Plowitz-Worden,
Panel Coordinator, Panel Operations,
National Endowment for the Arts.
[FR Doc. E8–29431 Filed 12–11–08; 8:45 am]
BILLING CODE 7537–01–P
National Endowment for the Arts; Arts
Advisory Panel
Pursuant to Section 10(a)(2) of the
Federal Advisory Committee Act (Pub.
L. 92–463), as amended, notice is hereby
given that two meetings of the Arts
Advisory Panel to the National Council
on the Arts will be held at the Nancy
Hanks Center, 1100 Pennsylvania
Avenue, NW., Washington, DC 20506 as
follows (ending times are approximate):
State & Regional/Arts Education
(State Arts Agency Partnership
Agreements/Arts Education review):
January 6–7, 2009 in Room 730. This
meeting, from 9 a.m. 10:15 a.m. and
from 12:30 p.m. to 5:30 p.m. on January
6th and from 9 a.m. to 2:30 p.m. on
January 7th, will be open.
Folk & Traditional Arts/National
Heritage Fellowships (review of
nominations): January 6–9, 2009 in
Room 716. This meeting, from 9 a.m. to
6:30 p.m. on January 6th and 7th, 9 a.m.
PO 00000
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NUCLEAR REGULATORY
COMMISSION
Licensing Support System Advisory
Review Panel
AGENCY: U.S. Nuclear Regulatory
Commission.
ACTION: Notice of renewal of the Charter
of the Licensing Support Network
Advisory Review Panel (LSNARP).
SUMMARY: The Licensing Support
System Advisory Review Panel was
established by the U.S. Nuclear
Regulatory Commission as a Federal
Advisory Committee in 1989. Its
purpose was to provide advice on the
fundamental issues of design and
development of an electronic
information management system to be
used to store and retrieve documents
relating to the licensing of a geologic
repository for the disposal of high-level
radioactive waste, and on the operation
E:\FR\FM\12DEN1.SGM
12DEN1
Agencies
[Federal Register Volume 73, Number 240 (Friday, December 12, 2008)]
[Notices]
[Page 75776]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29431]
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NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
National Endowment for the Arts; Arts Advisory Panel
Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act
(Pub. L. 92-463), as amended, notice is hereby given that two meetings
of the Arts Advisory Panel to the National Council on the Arts will be
held at the Nancy Hanks Center, 1100 Pennsylvania Avenue, NW.,
Washington, DC 20506 as follows (ending times are approximate):
State & Regional/Arts Education (State Arts Agency Partnership
Agreements/Arts Education review): January 6-7, 2009 in Room 730. This
meeting, from 9 a.m. 10:15 a.m. and from 12:30 p.m. to 5:30 p.m. on
January 6th and from 9 a.m. to 2:30 p.m. on January 7th, will be open.
Folk & Traditional Arts/National Heritage Fellowships (review of
nominations): January 6-9, 2009 in Room 716. This meeting, from 9 a.m.
to 6:30 p.m. on January 6th and 7th, 9 a.m. to 5:30 p.m. on January
8th, and 9 a.m. to 3:30 p.m. on January 9th, will be closed.
The closed portions of meetings are for the purpose of Panel
review, discussion, evaluation, and recommendations on financial
assistance under the National Foundation on the Arts and the Humanities
Act of 1965, as amended, including information given in confidence to
the agency. In accordance with the determination of the Chairman of
February 28, 2008, these sessions will be closed to the public pursuant
to subsection (c)(6) of section 552b of Title 5, United States Code.
Any person may observe meetings, or portions thereof, of advisory
panels that are open to the public, and if time allows, may be
permitted to participate in the panel's discussions at the discretion
of the panel chairman. If you need special accommodations due to a
disability, please contact the Office of AccessAbility, National
Endowment for the Arts, 1100 Pennsylvania Avenue, NW., Washington, DC
20506, 202/682-5532, TDY-TDD 202/682-5496, at least seven (7) days
prior to the meeting.
Further information with reference to these meetings can be
obtained from Ms. Kathy Plowitz-Worden, Office of Guidelines & Panel
Operations, National Endowment for the Arts, Washington, DC 20506, or
call 202/682-5691.
Dated: December 9, 2008.
Kathy Plowitz-Worden,
Panel Coordinator, Panel Operations, National Endowment for the Arts.
[FR Doc. E8-29431 Filed 12-11-08; 8:45 am]
BILLING CODE 7537-01-P