[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]


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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]
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