Bulk Manufacturer of Controlled Substances Application: Chattem Chemicals, Inc.; Correction, 67499 [2022-24105]
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Federal Register / Vol. 87, No. 215 / Tuesday, November 8, 2022 / Notices
824(a), I hereby revoke DEA Certificate
of Registration No. BD5898575 issued to
George M. Douglass, Jr., M.D. Further,
pursuant to 28 CFR 0.100(b) and the
authority vested in me by 21 U.S.C.
823(f), I hereby deny any pending
applications of George M. Douglass, Jr.,
M.D., to renew or modify this
registration, as well as any other
pending application of George M.
Douglass, Jr., M.D., for additional
registration in Oregon. This Order is
effective December 8, 2022.
correct the table to include the
following basic class of scheduled
controlled substance:
Controlled
substance
Drug code
Schedule
Cocaine .....
9041
II
Kristi O’Malley,
Assistant Administrator.
[FR Doc. 2022–24105 Filed 11–7–22; 8:45 am]
BILLING CODE 4410–09–P
Signing Authority
This document of the Drug
Enforcement Administration was signed
on November 1, 2022, by Administrator
Anne Milgram. That document with the
original signature and date is
maintained by DEA. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DEA Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
DEA. This administrative process in no
way alters the legal effect of this
document upon publication in the
Federal Register.
Heather Achbach,
Federal Register Liaison Officer, Drug
Enforcement Administration.
[FR Doc. 2022–24301 Filed 11–7–22; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA–1083]
Bulk Manufacturer of Controlled
Substances Application: Chattem
Chemicals, Inc.; Correction
Drug Enforcement
Administration, Justice.
ACTION: Notice of application;
correction.
AGENCY:
The Drug Enforcement
Administration (DEA) published a
document in the Federal Register on
October 11, 2022, concerning a notice of
application that inadvertently did not
include the controlled substance
Cocaine (9041).
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
Correction
In the Federal Register on October 11,
2022, in FR Doc No: 2022–21940 (87 FR
61368), on page 61368, in the second
column, under SUPPLEMENTARY
INFORMATION, controlled substance table,
VerDate Sep<11>2014
18:33 Nov 07, 2022
Jkt 259001
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 22–34]
Gerald M. Baltz, N.P.; Decision and
Order
On June 3, 2022, the Drug
Enforcement Administration
(hereinafter, DEA or Government),
issued an Order to Show Cause
(hereinafter, OSC) to Gerald M. Baltz,
N.P. (hereinafter, Respondent). OSC, at
1, 3. The OSC proposed the revocation
of Respondent’s Certificate of
Registration No. MB2171128 at the
registered address of 8060 Melrose Ave.,
Ste. 200, Los Angeles, CA 90046. Id. at
1. The OSC alleged that Respondent’s
registration should be revoked because
Respondent is ‘‘without authority to
handle controlled substances in the
State of California, the state in which
[he is] registered with DEA.’’ Id. at 1–
2 (citing 21 U.S.C. 824(a)(3)).1
By letter dated July 11, 2022,2
Respondent requested a hearing. On
July 12, 2022, Administrative Law Judge
Paul E. Soeffing (hereinafter, the ALJ)
issued an Order for Evidence of Lack of
State Authority and Directing the
Government to File Evidence Regarding
the Service of the Order to Show Cause
(hereinafter, Briefing Order). On July 26,
2022, the Government filed its
Submission of Evidence and Motion for
Summary Disposition (hereinafter,
Motion for Summary Disposition). On
August 10, 2022,3 Respondent filed his
1 According to Agency records, Respondent’s
Certificate of Registration No. MB2171128 expired
on July 31, 2022. The fact that a registrant allows
his registration to expire during the pendency of an
OSC does not impact the Agency’s jurisdiction or
prerogative under the Controlled Substances Act
(hereinafter, CSA) to adjudicate the OSC to finality.
Jeffrey D. Olsen, M.D., 84 FR 68,474 (2019).
2 The record demonstrates that service of the OSC
on Respondent was accomplished on or before June
28, 2022, see Government Exhibit (hereinafter, GX)
E, at 1–2, and the Government does not contest the
timeliness of the request for a hearing.
3 The record demonstrates that Respondent’s
filing was untimely. See Briefing Order, at 2; Order
Granting the Government’s Motion for Summary
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
67499
Opposition to Government’s Motion for
Summary Disposition (hereinafter,
Opposition).4
On August 25, 2022, the ALJ granted
the Government’s Motion for Summary
Disposition and recommended the
revocation of Respondent’s DEA
registration, finding that because
Respondent lacks authority to handle
controlled substances in California,
there is no genuine issue of material
fact. Recommended Decision, at 6.5
The Agency issues this Decision and
Order based on the entire record before
it, 21 CFR 1301.43(e), and makes the
following findings of fact.
Findings of Fact
On November 19, 2021, an
Administrative Law Judge from the
State of California, Office of
Administrative Hearings, issued a
Proposed Decision revoking
Respondent’s California nursing
licenses. Government Exhibit
(hereinafter, GX) C, at 45. On January
21, 2022, the State of California,
Department of Consumer Affairs, Board
of Registered Nursing (hereinafter, the
Board), issued a Decision and Order
adopting the Administrative Law
Judge’s Proposed Decision, effective
February 18, 2022. Id. at 1. On February
24, 2022, the Board issued an Order
Denying Reconsideration in which
Respondent’s request for
reconsideration of the Proposed
Decision was denied and the Board’s
January 21, 2022 Decision and Order
was made effective February 28, 2022.
GX B.
According to California’s online
records, of which the Agency takes
official notice, Respondent’s nursing
licenses are revoked. 6 California DCA
Disposition, and Recommended Rulings, Findings
of Fact, Conclusions of Law, and Decision of the
Administrative Law Judge (hereinafter,
Recommended Decision), at 2 n.2. Nonetheless, the
Agency will fully consider the Respondent’s
arguments made therein.
4 In his Opposition, Respondent argued that his
DEA registration should not be revoked because he
maintains active nursing licenses in Colorado and
because he is still challenging the underlying action
against his California nursing licenses. Opposition,
at 3–6.
5 By letter dated September 21, 2022, the ALJ
certified and transmitted the record to the Agency
for final agency action and advised that neither
party filed exceptions.
6 Under the Administrative Procedure Act, an
agency ‘‘may take official notice of facts at any stage
in a proceeding—even in the final decision.’’
United States Department of Justice, Attorney
General’s Manual on the Administrative Procedure
Act 80 (1947) (Wm. W. Gaunt & Sons, Inc., Reprint
1979). Pursuant to 5 U.S.C. 556(e), ‘‘[w]hen an
agency decision rests on official notice of a material
fact not appearing in the evidence in the record, a
party is entitled, on timely request, to an
opportunity to show the contrary.’’ Accordingly,
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Continued
08NON1
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[Federal Register Volume 87, Number 215 (Tuesday, November 8, 2022)]
[Notices]
[Page 67499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24105]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA-1083]
Bulk Manufacturer of Controlled Substances Application: Chattem
Chemicals, Inc.; Correction
AGENCY: Drug Enforcement Administration, Justice.
ACTION: Notice of application; correction.
-----------------------------------------------------------------------
SUMMARY: The Drug Enforcement Administration (DEA) published a document
in the Federal Register on October 11, 2022, concerning a notice of
application that inadvertently did not include the controlled substance
Cocaine (9041).
SUPPLEMENTARY INFORMATION:
Correction
In the Federal Register on October 11, 2022, in FR Doc No: 2022-
21940 (87 FR 61368), on page 61368, in the second column, under
SUPPLEMENTARY INFORMATION, controlled substance table, correct the
table to include the following basic class of scheduled controlled
substance:
------------------------------------------------------------------------
Controlled substance Drug code Schedule
------------------------------------------------------------------------
Cocaine............................... 9041 II
------------------------------------------------------------------------
Kristi O'Malley,
Assistant Administrator.
[FR Doc. 2022-24105 Filed 11-7-22; 8:45 am]
BILLING CODE 4410-09-P
