National Endowment for the Arts; Arts Advisory Panel, 75776 [E8-29431]

Download as PDF 75776 Federal Register / Vol. 73, No. 240 / Friday, December 12, 2008 / Notices jlentini on PROD1PC65 with NOTICES 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 Frm 00112 Fmt 4703 Sfmt 4703 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

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[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
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