Victor B. Williams, M.D.; Decision and Order, 50029 [2015-20351]

Download as PDF asabaliauskas on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Notices rules, the Secretary will make BPI gathered in these investigations available to authorized applicants representing interested parties (as defined in 19 U.S.C. 1677(9)) who are parties to the investigations under the APO issued in the investigations, provided that the application is made not later than seven days after the publication of this notice in the Federal Register. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Conference.—The Commission’s Director of Investigations has scheduled a conference in connection with these investigations for 9:30 a.m. on September 1, 2015, at the U.S. International Trade Commission Building, 500 E Street SW., Washington, DC. Requests to appear at the conference should be emailed to William.bishop@ usitc.gov and Sharon.bellamy@usitc.gov (DO NOT FILE ON EDIS) on or before August 28, 2015. Parties in support of the imposition of countervailing and antidumping duties in these investigations and parties in opposition to the imposition of such duties will each be collectively allocated one hour within which to make an oral presentation at the conference. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the conference. Written submissions.—As provided in sections 201.8 and 207.15 of the Commission’s rules, any person may submit to the Commission on or before September 4, 2015, a written brief containing information and arguments pertinent to the subject matter of the investigations. Parties may file written testimony in connection with their presentation at the conference. If briefs or written testimony contain BPI, they must conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. Please consult the Commission’s rules, as amended, 76 FR 61937 (October 6, 2011) and the Commission’s Handbook on Filing Procedures, 76 FR 62092 (October 6, 2011), available on the Commission’s Web site at http://edis.usitc.gov. In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. VerDate Sep<11>2014 17:02 Aug 17, 2015 Jkt 235001 Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.12 of the Commission’s rules. Issued: August 12, 2015. By order of the Commission. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2015–20266 Filed 8–17–15; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Drug Enforcement Administration Victor B. Williams, M.D.; Decision and Order On January 21, 2015, the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration (DEA), issued an Order to Show Cause to Victor B. Williams, M.D. (Respondent), of Little Rock, Arkansas. GX 1. The Show Cause Order proposed the revocation of Respondent’s DEA Certificate of Registration BW6686464, and the denial of any pending application to renew or modify his registration, on the ground that he lacks authority to handle controlled substances in Arkansas, the State in which he is registered with DEA. Show Cause Order, at 1 (citing 21 U.S.C. 823(f) & 824(a) (3)). Id. Specifically, the Show Cause Order alleged that on April 10, 2014, the Arkansas State Medical Board issued to Respondent an ‘‘Order and Notice of Hearing,’’ which revoked his medical license. Id. The Order then alleged that as a result of the revocation, Respondent is without authority to handle controlled substances in Arkansas, the State in which he is registered, and therefore, his registration is subject to revocation.1 Id. at 1 (citations omitted). As evidenced by the signed return receipt card, on January 27, 2015, the Show Cause Order was served on Respondent. GX 3. On February 3, 2015, Respondent, through his counsel, sent a letter acknowledging receipt of the Show Cause Order to the Office of Administrative Law Judges. GX 4. However, Respondent’s counsel did not request a hearing on the allegations. See id. Thereafter, on February 19, 2015, the Government submitted a Request for Final Agency Action seeking a final order revoking Respondent’s 1 The Show Cause Order also notified Respondent of his right to request a hearing on the allegations or to submit a written statement in lieu of a hearing, the procedure for electing either option, and the consequence of failing to elect either option. Id. at 2 (citing 21 CFR 1301.43). PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 50029 registration. See Government Request for Final Agency Action, at 5 (citing 21 CFR 1301.43(e)). On June 2, 2015, the Government represented to this office that Respondent’s registration had expired on May 31, 2015 because he did not submit a renewal application at least 45 days before his registration’s expiration date, as required by the Agency’s regulation which is applicable to a registrant who has been served with an Order to Show Cause. See 21 CFR 1301.36(i). Moreover, according to the registration records of the Agency (of which I take official notice, 5 U.S.C. 556(e)), Respondent has not submitted a renewal application, whether timely or not, and his registration has been retired by the Agency. Accordingly, I find that Respondent’s registration expired on May 31, 2015 and that there is no application pending before the Agency. It is well settled that ‘‘[i]f a registrant has not submitted a timely renewal application prior to the expiration date, then the registration expires and there is nothing to revoke.’’ Ronald J. Riegel, 63 FR 67132, 67133 (1998); see also William W. Nucklos, 73 FR 34330 (2008). Furthermore, because Respondent did not file a renewal application, there is no application to act upon. See Nucklos, 73 FR at 34330. Accordingly, because there is neither a registration, nor an application, to act upon, I hold that this case is now moot. Order Pursuant to the authority vested in me by 21 U.S.C. 824(a), as well as 28 CFR 0.100(b), I order that the Order to Show Cause issued to Victor B. Williams, M.D., be, and it hereby is, dismissed. Dated: August 10, 2015. Chuck Rosenberg, Acting Administrator. [FR Doc. 2015–20351 Filed 8–17–15; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE Drug Enforcement Administration John R. Kregenow, D.D.S.; Decision and Order On October 29, 2014, the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration (DEA), issued an Order to Show Cause to John R. Kregenow, D.D.S. (Registrant), of Milwaukee, Wisconsin. GX 1, at 1. The Show Cause Order proposed the revocation of Registrant’s DEA Certificate of Registration AK8212348, and the denial of any pending applications for renewal E:\FR\FM\18AUN1.SGM 18AUN1

Agencies

[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Notices]
[Page 50029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20351]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Victor B. Williams, M.D.; Decision and Order

    On January 21, 2015, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Victor B. Williams, M.D. (Respondent), of Little 
Rock, Arkansas. GX 1. The Show Cause Order proposed the revocation of 
Respondent's DEA Certificate of Registration BW6686464, and the denial 
of any pending application to renew or modify his registration, on the 
ground that he lacks authority to handle controlled substances in 
Arkansas, the State in which he is registered with DEA. Show Cause 
Order, at 1 (citing 21 U.S.C. 823(f) & 824(a) (3)). Id.
    Specifically, the Show Cause Order alleged that on April 10, 2014, 
the Arkansas State Medical Board issued to Respondent an ``Order and 
Notice of Hearing,'' which revoked his medical license. Id. The Order 
then alleged that as a result of the revocation, Respondent is without 
authority to handle controlled substances in Arkansas, the State in 
which he is registered, and therefore, his registration is subject to 
revocation.\1\ Id. at 1 (citations omitted).
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    \1\ The Show Cause Order also notified Respondent of his right 
to request a hearing on the allegations or to submit a written 
statement in lieu of a hearing, the procedure for electing either 
option, and the consequence of failing to elect either option. Id. 
at 2 (citing 21 CFR 1301.43).
---------------------------------------------------------------------------

    As evidenced by the signed return receipt card, on January 27, 
2015, the Show Cause Order was served on Respondent. GX 3. On February 
3, 2015, Respondent, through his counsel, sent a letter acknowledging 
receipt of the Show Cause Order to the Office of Administrative Law 
Judges. GX 4. However, Respondent's counsel did not request a hearing 
on the allegations. See id. Thereafter, on February 19, 2015, the 
Government submitted a Request for Final Agency Action seeking a final 
order revoking Respondent's registration. See Government Request for 
Final Agency Action, at 5 (citing 21 CFR 1301.43(e)).
    On June 2, 2015, the Government represented to this office that 
Respondent's registration had expired on May 31, 2015 because he did 
not submit a renewal application at least 45 days before his 
registration's expiration date, as required by the Agency's regulation 
which is applicable to a registrant who has been served with an Order 
to Show Cause. See 21 CFR 1301.36(i). Moreover, according to the 
registration records of the Agency (of which I take official notice, 5 
U.S.C. 556(e)), Respondent has not submitted a renewal application, 
whether timely or not, and his registration has been retired by the 
Agency. Accordingly, I find that Respondent's registration expired on 
May 31, 2015 and that there is no application pending before the 
Agency.
    It is well settled that ``[i]f a registrant has not submitted a 
timely renewal application prior to the expiration date, then the 
registration expires and there is nothing to revoke.'' Ronald J. 
Riegel, 63 FR 67132, 67133 (1998); see also William W. Nucklos, 73 FR 
34330 (2008). Furthermore, because Respondent did not file a renewal 
application, there is no application to act upon. See Nucklos, 73 FR at 
34330. Accordingly, because there is neither a registration, nor an 
application, to act upon, I hold that this case is now moot.

Order

    Pursuant to the authority vested in me by 21 U.S.C. 824(a), as well 
as 28 CFR 0.100(b), I order that the Order to Show Cause issued to 
Victor B. Williams, M.D., be, and it hereby is, dismissed.

    Dated: August 10, 2015.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2015-20351 Filed 8-17-15; 8:45 am]
 BILLING CODE 4410-09-P