[Federal Register Volume 78, Number 165 (Monday, August 26, 2013)]
[Notices]
[Pages 52802-52803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20676]


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 DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Tin T. Win, M.D., Dismissal of Proceeding

    On February 27, 2013, I, the Administrator of the Drug Enforcement 
Administration, issued an Order to Show Cause and Immediate Suspension 
of Registration to Tin T. Win, M.D. (hereinafter, Registrant), of Lake 
Havasu, Arizona. GX 10, at 1. Among various charges, the Order alleged 
that Registrant issued numerous controlled substance prescriptions 
after the Arizona Medical Board had prohibited her ``from prescribing 
controlled substances'' and thus violated both the Board's order and 
federal law. Id. at 1-3 (citing Ariz. Rev. Stat. Sec.  32-1401(27)(r); 
21 U.S.C. 841). The Order also notified Registrant of her right to 
either request a hearing on the allegations or submit a written 
statement of position in lieu of a hearing within thirty (30) days of 
her receipt of the Order, the procedure for electing either option, and 
the consequence of failing to elect either option.
    On March 6, 2013, the Order was personally served on Registrant by 
a DEA Special Agent and a Diversion Investigator. See GX 11. On May 20, 
2013, the Government filed a Request for Final Agency Action, which 
sought the revocation of Registrant's

[[Page 52803]]

registration. Request for Final Agency Action, at 12. Therein, the 
Government represented that neither Registrant, nor anyone purporting 
to represent her, had filed either a request for a hearing or a written 
statement in lieu of a hearing. Id. at 2.
    Upon review of the record, the Government's evidence showed that 
Registrant's registration was due to expire on May 31, 2013. See GX 2. 
However, because the filing of a timely renewal application would have 
prevented the expiration of her registration (albeit in suspended 
status), see 5 U.S.C. 556(e), I took official notice of her 
registration record with the Agency. According to that record, 
Registrant did not file either a renewal application or a new 
application. The Agency therefore deemed her registration as expired 
and retired her registration number.
    While ordinarily these findings render a case moot, see Ronald J. 
Riegel, 63 FR 67132, 67133 (1998), simultaneously with the issuance of 
the Order to Show Cause, I immediately suspended Registrant's 
registration. Because the Immediate Suspension Order also authorized 
the Government to seize any controlled substances in Registrant's 
possession, and thus created the possibility that a collateral 
consequence existed which precludes a finding of mootness, see Robert 
Charles Ley, 76 FR 20033, 20034 (2011), I directed the Government to 
notify my Office as to whether it had seized any controlled substances. 
Order (July 15, 2013).
    On July 22, 2013, the Government notified my Office that it had not 
seized any controlled substances pursuant to the Immediate Suspension 
Order. Gov. Response Regarding Mootness, at 2. The Government further 
acknowledged that this ``case is now moot.'' Id. Accordingly, I will 
dismiss this proceeding. See Ley, 76 FR at 20034.

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 and Immediate 
Suspension of Registration issued to Tin T. Win, M.D., be, and it 
hereby is, dismissed. This Order is effective immediately.

    Dated: August 16, 2013.
Michele M. Leonhart,
Administrator.
[FR Doc. 2013-20676 Filed 8-23-13; 8:45 am]
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