80 FR 50033 - Jeffrey S. Holverson, M.D.; Decision and Order

DEPARTMENT OF JUSTICE
Drug Enforcement Administration

Federal Register Volume 80, Issue 159 (August 18, 2015)

[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Notices]
[Pages 50033-50034]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20346]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 15-19]


Jeffrey S. Holverson, M.D.; Decision and Order

    On March 27, 2015, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration, issued an Order to 
Show Cause to Jeffrey S. Holverson, M.D. (Respondent), of Salt Lake 
City, Utah. The Show Cause Order proposed the revocation of 
Respondent's DEA Certificate of Registration, pursuant to which he is 
authorized to dispense controlled substances as a practitioner, solely 
on the ground that he does ``not have authority to handle controlled 
substances in . . . Utah, the [S]tate in which [he is] registered with 
the DEA.'' Show Cause Order, at 1.
    As the factual basis for the proposed action, the Show Cause Order 
alleged that on January 8, 2015, Respondent ``entered into a `Non-
Disciplinary Limitation Stipulation and Order' '' with the Utah 
Division of Occupational and Professional Licensing, pursuant to which 
he agreed to the suspension of his authority to dispense controlled 
substances. Id. The Order further alleged that ``[t]his suspension 
remains in effect'' and that ``[c]onsequently . . . DEA must revoke 
[his] registration.'' Id. (citing 21 U.S.C. 802(21), 823(f), and 
824(a)(3)).
    Following service of the Show Cause Order, Respondent requested a 
hearing on the allegations. Order Granting the Govt's Mot. for Summ. 
Disp. (hereinafter, ALJ Order), at 2. Thereafter, the Government moved 
for summary disposition on the ground that by virtue of the Non-
Disciplinary Limitation Stipulation and Order, which Respondent entered 
into on January 8, 2015, he ``does not have authority to . . . dispense 
controlled substances'' under Utah law, and that notwithstanding that 
the ``suspension may or may not continue'' past the 180-day period set 
forth in the State's Order, ``DEA final orders are clear and 
unequivocal that [Respondent's] registration should be revoked.'' Gov't 
Mot. for Summ. Disp., at 5. While in his hearing request, Respondent 
had objected to the proposed revocation of his registration, he did not 
respond to the Government's motion. ALJ Order, at 2-3. The ALJ, finding 
it undisputed that ``the limitation on [Respondent's] ability to 
prescribe controlled substances will remain in effect until at least 
July 7, 2015,'' and noting that ``there is no guarantee that his 
authority . . . will be restored after 180 days,'' granted the 
Government's motion and recommended that Respondent's registration be 
revoked and that any pending applications to renew or modify his 
registration be denied. Id. at 4-6.
    Neither party filed exceptions to the ALJ's Order. Thereafter, on 
June 9, 2015, the ALJ forwarded the record to my Office for Final 
Agency Action. However, upon review of the record, it was noted that 
the Non-Disciplinary Limitation Stipulation was due to expire on or 
about July 7, 2015. Accordingly, on July 27, 2015, I directed the 
parties to address whether the order remained in effect and if the 
order no longer was in effect, ``to address whether Respondent 
currently possesses authority to dispense controlled substances under 
the laws of the State of Utah.'' Order of the Administrator, at 1 (July 
27, 2015).
    On August 5, 2015, the Government filed its Response to my Order. 
Therein, the Government states that ``[t]he time of the Suspension 
Order has now expired, and DEA has been informed by [the Division of 
Professional Licensing] that at this time the Suspension order has not 
been extended.'' Gov't Response, at 2. The Government thus acknowledges 
that ``at this time Respondent is allowed to dispense controlled 
substances under the laws of the State of Utah.'' Id. The Government 
thus requests that the Show Cause Order be dismissed. Id.
    Because the Show Cause Order was based solely on Respondent's lack 
of authority under state law to dispense controlled substances and that 
factual predicate no longer exists, I grant the Government's request 
and will dismiss the Show Cause Order.

[[Page 50034]]

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 
Jeffrey S. Holverson, M.D., be, and it hereby is, dismissed. This Order 
is effective immediately.

    Dated: August 10, 2015.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2015-20346 Filed 8-17-15; 8:45 am]
 BILLING CODE 4410-09-P