[Federal Register Volume 62, Number 82 (Tuesday, April 29, 1997)] [Notices] [Pages 23269-23270] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-10916] ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Drug Enforcement Administration Harvey Robert Spar, M.D.; Revocation of Registration On July 30, 1996, the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration (DEA), issued an Order to Show Cause to Harvey Robert Spar, M.D., of Camarillo, California, notifying him of an opportunity to show cause as to why DEA should not revoke his DEA Certificate of Registration, AS1871486, under 21 U.S.C. 824(a)(3), and deny any pending applications for renewal of such registration as a practitioner pursuant to 21 U.S.C. 823(f), for reason that he is not currently authorized to handle controlled substances in the State of California. The order also notified Dr. Spar that should no request for a hearing be filed within 30 days, his hearing right would be deemed waived. The DEA received a signed receipt indicating that the order was received by Dr. Spar on August 5, 1996. No request for a hearing or any other reply was received by the DEA from Dr. Spar or anyone purporting to represent him in this matter. Therefore, the Acting Deputy Administrator, finding that (1) 30 days have passed since the receipt of the Order to Show Cause, and (2) no request for hearing having been received, concludes that Dr. Spar is deemed to have waived his hearing right. After considering the relevant material from the investigative file in this matter, the Acting Deputy Administrator now enters his final order without a hearing pursuant to 21 CFR 1301.43 (d) and (e) and 1301.46. The Acting Deputy Administrator finds that by a Decision dated August 23, 1995, the Medical Board of California adopted a Stipulation for surrender of License signed by Dr. Spar on July 7, 1995, whereby Dr. Spar agreed to surrender his license to practice medicine in the State of California. The Acting Deputy Administrator finds that in light of the fact that Dr. Spar is not currently [[Page 23270]] licensed to practice medicine in the State of California, it is reasonable to infer that he is not currently authorized to handle controlled substances in that state. The DEA does not have statutory authority under the Controlled Substances Act to issue or maintain a registration if the applicant or registrant is without state authority 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 Romeo J. Perez, M.D., 62 FR 16,193 (1997); Demetris A. Green, M.D., 61 FR 60,728 (1996); Dominick A. Ricci, M.D., 58 FR 51,104 (1993). Here it is clear that Dr. Spar is not currently authorized to handle controlled substances in the State of California. Therefore, Dr. Spar is not entitled to a DEA registration in that state. Accordingly, the Acting 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 AS1871486, previously issued to Harvey Robert Spar, M.D., be, and it hereby is, revoked. The Acting Deputy Administrator further orders that any pending applications for the renewal of such registration, be, and they hereby are, denied. This order is effective May 29, 1997. Dated: April 21, 1997. James S. Milford, Acting Deputy Administrator. [FR Doc. 97-10916 Filed 4-28-97; 8:45 am] BILLING CODE 4410-09-M