Sunshine Act Meetings, 39014 [2019-17133]
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39014
Federal Register / Vol. 84, No. 153 / Thursday, August 8, 2019 / Notices
Issued: August 6, 2019.
William Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2019–17134 Filed 8–6–19; 4:15 pm]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[USITC SE–19–031]
Sunshine Act Meetings
United
States International Trade Commission.
TIME AND DATE: August 22, 2019 at 11:00
a.m.
PLACE: Room 101, 500 E Street SW,
Washington, DC 20436, Telephone:
(202) 205–2000..
STATUS: Open to the public.
MATTERS TO BE CONSIDERED: 1. Agendas
for future meetings: None.
2. Minutes.
3. Ratification List.
4. Vote on Inv. Nos. 701–TA–627–629
and 731–TA–1458–1461
(Preliminary)(Utility Scale Wind Towers
from Canada, Indonesia, Korea, and
Vietnam). The Commission is currently
scheduled to complete and file its
determinations on August 23, 2019;
views of the Commission are currently
scheduled to be completed and filed on
August 30, 2019.
5. Outstanding action jackets: None.
The Commission is holding the
meeting under the Government in the
Sunshine Act, 5 U.S.C. 552(b). In
accordance with Commission policy,
subject matter listed above, not disposed
of at the scheduled meeting, may be
carried over to the agenda of the
following meeting.
AGENCY HOLDING THE MEETING:
By order of the Commission.
Issued: August 6, 2019.
William Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2019–17133 Filed 8–6–19; 4:15 pm]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 19–19]
jbell on DSK3GLQ082PROD with NOTICES
Parth S. Bharill; Decision and Order
On March 13, 2019, the Assistant
Administrator, Diversion Control
Division, Drug Enforcement
Administration (hereinafter,
Government), issued an Order to Show
Cause to Parth S. Bharill, M.D.
VerDate Sep<11>2014
16:51 Aug 07, 2019
Jkt 247001
(hereinafter, Respondent) of Pittsburgh,
Pennsylvania. Order to Show Cause
(hereinafter, OSC), at 1. The OSC
proposed the revocation of
Respondent’s Certificate of Registration
No. BB3258034 on the ground that
Respondent does ‘‘not have authority to
handle controlled substances in
Pennsylvania, the state in which
[Respondent is] registered with the
DEA.’’ Id. (citing 21 U.S.C. 823(f) and
824(a)(3)).
Specifically, the OSC alleged that the
Commonwealth of Pennsylvania State
Board of Medicine (hereinafter, Board)
issued an Order of Temporary
Suspension And Notice (hereinafter,
Temporary Suspension Order 1) on June
18, 2018. Id. This Temporary
Suspension Order, according to the
OSC, immediately restricted
Respondent’s license to practice
Medicine and Surgery because
Respondent’s ‘‘continued practice of
medicine and surgery in Pennsylvania
constitutes ‘an immediate and clear
danger to the public health and safety.’ ’’
Id. at 1–2. Further, the OSC alleged that
on July 13, 2018, the Board ‘‘issued an
‘Order Granting Continuance with
Immediate Temporary Suspension
Remaining In Effect’ (hereinafter,
Temporary Suspension Order 2),
whereby the Board maintained the
suspension of [Respondent’s] medical
license.’’ Id. at 2.
The OSC notified Respondent of the
right to request a hearing on the
allegations or to submit a written
statement while waiving the right to a
hearing, the procedures for electing each
option, and the consequences for failing
to elect either option. Id. at 2 (citing 21
CFR 1301.43). The OSC also notified
Respondent of the opportunity to
submit a corrective action plan. Id. at 3
(citing 21 U.S.C. 824(c)(2)(C)).
By letter dated April 12, 2019,
Respondent timely requested a hearing.
Hearing Request, at 1. According to the
Hearing Request, Respondent’s interest
in the proceedings is to defend his
‘‘constitutionally protected right to
pursue a gainful occupation’’ and he
objects to the issuance of the OSC
because he applied to transfer his
certificate of registration (hereinafter,
COR) from his Pennsylvania address to
a West Virginia address on December
31, 2018, and he ‘‘has a current and
active Medical License . . . in the State
of West Virginia.’’ Id. at 1.
Respondent argues that ‘‘the use of
the phrase ‘may be suspended or
revoked’ [in 21 U.S.C. 824(a)]
demonstrates that this is a discretionary
authority of the DEA and does not take
effect by operation of law based upon
the loss of a license.’’ Id. at 2 (citations
PO 00000
Frm 00088
Fmt 4703
Sfmt 4703
omitted). He further contends that due
to Respondent’s request for a change of
address to West Virginia, ‘‘where an
application for modification is received,
it must be handled in the same manner
as an application for registration.’’ Id.
(citing 21 U.S.C. 823(f)). He argues that
DEA was required to grant the
modification because DEA has not
found ‘‘that Respondent’s requested
modification was inconsistent with the
public interest,’’ and he ‘‘has not [sic]
disciplinary action taken against his
West Virginia Medical License and,
therefore, the DEA has not [sic]
authority to revoke or suspend his
license.’’ Id.
The Office of Administrative Law
Judges put the matter on the docket and
assigned it to Administrative Law Judge
Mark M. Dowd (hereinafter, ALJ). The
ALJ issued an Order for Prehearing
Statements (hereinafter, PH Order)
dated April 22, 2019, setting a date by
which the Government should file
either a Prehearing Statement or a
Motion for Summary Disposition, and
affording Respondent one additional
week to file either its Prehearing
Statement or its Reply. PH Order, at 1–
2.
The Government filed its Motion for
Summary Disposition and Argument in
Support of Finding that Respondent
Lacks State Authorization to Handle
Controlled Substances (hereinafter,
Government’s Motion) on April 29,
2019. In its motion, the Government
stated that Respondent lacks authority
to handle controlled substances in
Pennsylvania, the state in which he is
registered with the DEA, and argued
that therefore, DEA must revoke his
registration. Government’s Motion, at 1.
On May 2, 2019, Respondent filed
both a Prehearing Statement and a
separate Response in Opposition to the
Government’s Motion for Summary
Disposition (hereinafter, Respondent’s
Response). In his Prehearing Statement,
Respondent requested that the
‘‘revocation of his registration be stayed
pending a determination on his
application for modification, or, in the
alternative, that the application for
modification be unaffected if revocation
is approved.’’ Respondent’s Prehearing
Statement, at 1. He also requested that
‘‘this case be determined on the
documents submitted by the parties.’’
Id., at 2, 3. In Respondent’s Response,
he contends that ‘‘prior to seeking to
revoke Respondent’s registration, the
DEA is required to decide the matter of
the application of modification,’’ or, in
the alternative, if his current registration
is revoked, his ‘‘application for
modification should continue and be
granted, unless the Government enters
E:\FR\FM\08AUN1.SGM
08AUN1
Agencies
[Federal Register Volume 84, Number 153 (Thursday, August 8, 2019)]
[Notices]
[Page 39014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17133]
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INTERNATIONAL TRADE COMMISSION
[USITC SE-19-031]
Sunshine Act Meetings
Agency Holding the Meeting: United States International Trade
Commission.
TIME AND DATE: August 22, 2019 at 11:00 a.m.
PLACE: Room 101, 500 E Street SW, Washington, DC 20436, Telephone:
(202) 205-2000..
STATUS: Open to the public.
MATTERS TO BE CONSIDERED: 1. Agendas for future meetings: None.
2. Minutes.
3. Ratification List.
4. Vote on Inv. Nos. 701-TA-627-629 and 731-TA-1458-1461
(Preliminary)(Utility Scale Wind Towers from Canada, Indonesia, Korea,
and Vietnam). The Commission is currently scheduled to complete and
file its determinations on August 23, 2019; views of the Commission are
currently scheduled to be completed and filed on August 30, 2019.
5. Outstanding action jackets: None.
The Commission is holding the meeting under the Government in the
Sunshine Act, 5 U.S.C. 552(b). In accordance with Commission policy,
subject matter listed above, not disposed of at the scheduled meeting,
may be carried over to the agenda of the following meeting.
By order of the Commission.
Issued: August 6, 2019.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2019-17133 Filed 8-6-19; 4:15 pm]
BILLING CODE 7020-02-P