[Federal Register Volume 60, Number 140 (Friday, July 21, 1995)]
[Notices]
[Page 37675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17932]



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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 95-18]


Shia Ben-Hur, D.V.M.; Revocation of Registration

    On December 22, 1994 the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Shia Ben-Hur, D.V.M., of River Hills, Wisconsin 
(Respondent), proposing to revoke his DEA Certificate of Registration, 
AB3559652, and deny any pending applications for registration as a 
practitioner. The statutory basis for the Order to Show Cause was that 
Respondent was no longer authorized to handle controlled substances in 
the State of Wisconsin. 21 U.S.C. 823(f) and 924(a)(3).
    By letter dated January 23, 1995, Respondent, through counsel, 
requested a stay of all proceedings in this matter. Administrative Law 
Judge Mary Ellen Bittner, before whom this matter was docketed, denied 
Respondent's request for stay on February 16, 1995, and directed 
Respondent to file any request for hearing by February 27, 1995. On 
March 14, 1995, following Respondent's failure to request a hearing on 
the Order to Show Cause, the administrative law judge issued an Order 
Terminating Proceedings. The Deputy Administrator hereby enters his 
final order based upon the record and investigative file pursuant to 21 
CFR 1301.57.
    On November 2, 1993, Respondent pled guilty to one count of 
distributing approximately two ounces of cocaine in violation of 21 
U.S.C. 841(a) and was sentenced to 30 months incarceration. On January 
16, 1994, the Veterinary Examining Board for the State of Wisconsin, by 
stipulation with Respondent, suspended Respondent's veterinary license 
until such time as Respondent was released from prison and could 
address the charges in the complaint filed by the Veterinary Examining 
Board. As a result, Respondent is no longer authorized to dispense 
controlled substances in the State of Wisconsin.
    The DEA has consistently held that it does not have statutory 
authority under the Controlled Substances Act to register a 
practitioner unless that practitioner is authorized to dispense 
controlled substances by the state in which he proposes to practice. 
See Lawrence R. Alexander, M.D., 57 FR 22256 (1992); Bobby Watts, M.D., 
53 FR 11919 (1988); Robert F. Witek, D.D.S., 52 FR 4770 (1987). In such 
cases a motion for summary disposition is properly entertained. There 
is no need for a plenary evidentiary hearing since there are no 
questions of fact to be resolved by such a hearing. Phillip E. Kirk, 
M.D., 48 FR 32887 (1983), aff'd sub nom, Kirk v. Mullen, 749 F.2d 297 
(6th Cir. 1984); Floyd A. Santner, M.D., 47 FR 51831 (1982). Therefore, 
because Respondent is no longer authorized to handle controlled 
substances in the State of Wisconsin, the Deputy Administrator cannot 
permit him to maintain a DEA Certificate of Registration in that State.
    Accordingly, the Deputy Administrator of the Drug Enforcement 
Administration, pursuant to 21 U.S.C. 823 and 824 and 28 CFR 0.100(b) 
and 0.104, hereby orders that DEA Certificate of Registration 
AB3559652, previously issued to Shia Ben-Hur, D.V.M., be, and it is 
hereby, revoked, and that any pending applications for renewal of such 
registration be, and they hereby are, denied. This order is effective 
August 21, 1995.

    Dated: July 14, 1995.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 95-17932 Filed 7-20-95; 8:45 am]
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