[Federal Register Volume 60, Number 57 (Friday, March 24, 1995)] [Notices] [Page 15588] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-7318] ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Charles L. Sweet, M.D.; Revocation of Registration On November 7, 1994, the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration (DEA), issued an Order to Show Cause to Charles L. Sweet, M.D., of 219 Broadway, PO. Box 518, Fullerton, Nebraska. The Order to Show Cause proposed to revoke Dr. Sweet's DEA Certificate of Registration, BS2051061, under 21 U.S.C. 824(a)(3), and deny any pending applications for renewal of such registration under 21 U.S.C. 823(f). The Order to Show Cause was served on Dr. Sweet on November 14, 1994. More than thirty days have passed since the Order to Show Cause was received by Dr. Sweet. The Drug Enforcement Administration has received no response from Dr. Sweet or anyone purporting to represent him. Pursuant to 21 CFR 1301.54(d), the Deputy Administrator finds that Dr. Sweet has waived his opportunity for a hearing. Accordingly, under the provisions of 21 CFR 1301.54(e) and 1301.57, the Deputy Administrator enters his final order in this matter without a hearing and based on the investigative file. The Deputy Administrator finds that in 1975, Dr. Sweet's DEA Certificates of Registration, AS4344951 and AS4355168 were retired based on his failure to renew them. As a result of his failure to renew his DEA registrations, Dr. Sweet's Nebraska State controlled substance registration was revoked on June 5, 1989. On June 29, 1989, DEA sent Dr. Sweet a letter of admonition advising him that he could not handle controlled substances until he obtained a DEA registration. Dr. Sweet subsequently reapplied for DEA and Nebraska controlled substance registrations, and in October 1989, Dr. Sweet was issued DEA Certificate of Registration, BS2051061, as well as a Nebraska controlled substance registration. However, an investigation by the Nebraska Department of Health, Bureau of Examining Boards revealed that between June and October 1989, Dr. Sweet wrote numerous prescriptions for controlled substances when he did not possess either a DEA registration and/or a Nebraska controlled substance registration. As a result, on November 8, 1991, Dr. Sweet's Nebraska controlled substance registration was revoked. In addition, effective October 15, 1992, Dr. Sweet's state license to practice medicine and surgery was also revoked. The Deputy Administrator finds that as of November 8, 1991, Dr. Sweet's license to handle controlled substances in the State of Nebraska was revoked, and as a result, he is unable to handle controlled substances. The Drug Enforcement Administration cannot register or maintain the registration of a practitioner who is not duly authorized to handle controlled substances in the state in which he conducts his business. 21 U.S.C. 802(21), 823(f) and 824(a)(3). This prerequisite has been consistently upheld. See James H. Nickens, M.D., 57 FR 59847 (1992); Elliott Monroe, M.D., 57 FR 23246 (1992); Bobby Watts, M.D., 53 FR 11919 (1988). Based on the foregoing, it is clear that Dr. Sweet's DEA Certificate of Registration must be revoked. Accordingly, the Deputy Administrator of the Drug Enforcement Administration, pursuant to the authority vested in him by 21 U.S.C. 823 and 824 and 28 CFR 0.100(b) and 0.104, hereby orders that DEA Certificate of Registration, BS2051061, previously issued to Charles L. Sweet, M.D., be, and it hereby is, revoked and that any pending applications for renewal of such registration be, and they hereby are, denied. This order is effective April 24, 1995. Dated: March 20, 1995. Stephen H. Greene, Deputy Administrator. [FR Doc. 95-7318 Filed 3-23-95; 8:45 am] BILLING CODE 4410-09-M