[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).
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    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