80_FR_57202 80 FR 57020 - Chung-Kuang Chen, M.D.; Dismissal of Proceeding

80 FR 57020 - Chung-Kuang Chen, M.D.; Dismissal of Proceeding

DEPARTMENT OF JUSTICE
Drug Enforcement Administration

Federal Register Volume 80, Issue 182 (September 21, 2015)

Page Range57020-57020
FR Document2015-23599

Federal Register, Volume 80 Issue 182 (Monday, September 21, 2015)
[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Notices]
[Page 57020]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23599]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 14-17]


Chung-Kuang Chen, M.D.; Dismissal of Proceeding

    On June 20, 2014, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration, issued an Order to 
Show Cause to Chung-Kuang Chen, M.D. (Respondent), of Chicago, 
Illinois. The Show Cause Order proposed the denial of Respondent's 
application for a DEA Certificate of Registration as a practitioner, 
based, inter alia, on the ground that on June 10, 2013, the Illinois 
Department of Financial and Professional Regulation had indefinitely 
suspended Respondent's Illinois Controlled Substance license, and 
therefore, he is not entitled to hold a registration under the 
Controlled Substances Act. GX 1.
    Respondent initially requested a hearing and the matter was placed 
on the docket of the Office of Administrative Law Judges. The 
Government moved for summary disposition, after which Respondent sought 
to withdraw his application. See 21 CFR 1301.16(a). Thereafter, the ALJ 
terminated the proceeding, and on September 10, 2014, the Government 
filed a Request for Final Agency Action with this Office. Therein, the 
Government noted that it was requesting the issuance of a Final Order 
in the event Respondent ``is not allowed to withdraw his pending 
application'' but that if his request to withdraw is granted, that 
``would end this matter.'' Request for Final Agency Action, at 1. The 
Government further represented that it had forwarded Respondent's 
withdrawal request to the Office of Diversion Control.
    When, as of August 13, 2015, this Office had not been notified as 
to whether Respondent's withdrawal request had either been granted or 
denied, I ordered that Respondent's withdrawal request be ruled on no 
later than 10 days from the date of the Order. Order of the 
Administrator (Aug. 13, 2015). Thereafter, on September 4, 2015, the 
Government moved to dismiss the proceeding, explaining that on 
September 2, 2015, the Deputy Assistant Administrator granted 
Respondent's withdrawal request, based on Respondent's decision to 
retire from the practice of medicine. Gov. Mot. to Dismiss the Order to 
Show Cause, at 2-3.
    Having considered the Government's motion, I grant the Government's 
motion and will dismiss the Order to Show Cause.

Order

    Pursuant to the authority vested in me by 21 U.S.C. 823(f) and 28 
CFR 0.100(b), I order that the Order to Show Cause issued to Chung-
Kuang Chen, M.D., be, and it hereby is, dismissed. This Order is 
effective immediately.

    Dated: September 15, 2015.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2015-23599 Filed 9-18-15; 8:45 am]
 BILLING CODE 4410-09-P



                                               57020                     Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Notices

                                               should contact the Secretary (202–205–                  DEPARTMENT OF JUSTICE                                 motion and will dismiss the Order to
                                               2000).                                                                                                        Show Cause.
                                                  Any person desiring to submit a                      Drug Enforcement Administration
                                               document to the Commission in                                                                                 Order
                                                                                                       [Docket No. 14–17]
                                               confidence must request confidential                                                                             Pursuant to the authority vested in me
                                               treatment. All such requests should be                  Chung-Kuang Chen, M.D.; Dismissal of                  by 21 U.S.C. 823(f) and 28 CFR 0.100(b),
                                               directed to the Secretary to the                        Proceeding                                            I order that the Order to Show Cause
                                               Commission and must include a full                                                                            issued to Chung-Kuang Chen, M.D., be,
                                               statement of the reasons why the                           On June 20, 2014, the Deputy                       and it hereby is, dismissed. This Order
                                               Commission should grant such                            Assistant Administrator, Office of                    is effective immediately.
                                               treatment. See 19 CFR 201.6. Documents                  Diversion Control, Drug Enforcement
                                                                                                       Administration, issued an Order to                      Dated: September 15, 2015.
                                               for which confidential treatment by the                                                                       Chuck Rosenberg,
                                               Commission is properly sought will be                   Show Cause to Chung-Kuang Chen,
                                                                                                       M.D. (Respondent), of Chicago, Illinois.              Acting Administrator.
                                               treated accordingly. A redacted non-
                                               confidential version of the document                    The Show Cause Order proposed the                     [FR Doc. 2015–23599 Filed 9–18–15; 8:45 am]
                                               must also be filed simultaneously with                  denial of Respondent’s application for a              BILLING CODE 4410–09–P

                                               the any confidential filing. All non-                   DEA Certificate of Registration as a
                                               confidential written submissions will be                practitioner, based, inter alia, on the
                                               available for public inspection at the                  ground that on June 10, 2013, the                     DEPARTMENT OF JUSTICE
                                               Office of the Secretary and on EDIS.                    Illinois Department of Financial and
                                                                                                       Professional Regulation had indefinitely              Notice of Lodging Proposed Consent
                                                  This action is taken under the                                                                             Decree
                                               authority of section 337 of the Tariff Act              suspended Respondent’s Illinois
                                               of 1930, as amended (19 U.S.C. 1337),                   Controlled Substance license, and
                                                                                                                                                                In accordance with Departmental
                                               and in part 210 of the Commission’s                     therefore, he is not entitled to hold a
                                                                                                                                                             Policy, 28 CFR 50.7, notice is hereby
                                               Rules of Practice and Procedure (19 CFR                 registration under the Controlled
                                                                                                                                                             given that a proposed Consent Decree in
                                               part 210).                                              Substances Act. GX 1.
                                                                                                          Respondent initially requested a                   United States v. Lister Harrell, et al.,
                                                 By order of the Commission.                           hearing and the matter was placed on                  Civil Action No. 3:12-cv-00111–JRH–
                                                 Issued: September 15, 2015.                           the docket of the Office of                           BKE, was lodged with the United States
                                               Lisa R. Barton,                                         Administrative Law Judges. The                        District Court for the Southern District
                                               Secretary to the Commission.                            Government moved for summary                          of Georgia (Dublin Division) on
                                               [FR Doc. 2015–23551 Filed 9–18–15; 8:45 am]             disposition, after which Respondent                   September 14, 2015.
                                               BILLING CODE 7020–02–P                                  sought to withdraw his application. See                  This proposed Consent Decree
                                                                                                       21 CFR 1301.16(a). Thereafter, the ALJ                concerns a complaint filed by the
                                                                                                       terminated the proceeding, and on                     United States against Lister Harrell,
                                                                                                       September 10, 2014, the Government                    Saraland, L.L.L.P, Middle Georgia Road
                                               JUDICIAL CONFERENCE OF THE
                                                                                                       filed a Request for Final Agency Action               Builders, Inc., and Robert Sutton
                                               UNITED STATES
                                                                                                       with this Office. Therein, the                        (‘‘Defendants’’) pursuant to 33 U.S.C.
                                               Meeting of the Judicial Conference                      Government noted that it was requesting               § 1311(a), to obtain injunctive relief
                                               Committee on Rules of Practice and                      the issuance of a Final Order in the                  from and impose civil penalties against
                                               Procedure                                               event Respondent ‘‘is not allowed to                  the Defendants for violating the Clean
                                                                                                       withdraw his pending application’’ but                Water Act by discharging pollutants
                                               AGENCY: Advisory Committee on Rules                     that if his request to withdraw is                    without a permit into waters of the
                                               of Appellate Procedure, Judicial                        granted, that ‘‘would end this matter.’’              United States. The proposed Consent
                                               Conference of the United States.                        Request for Final Agency Action, at 1.                Decree resolves these allegations by
                                               ACTION: Notice of Open Meeting.                         The Government further represented                    requiring the Defendants to restore the
                                                                                                       that it had forwarded Respondent’s                    impacted areas, perform mitigation, and
                                               SUMMARY:   The Advisory Committee on                                                                          pay a civil penalty.
                                               Rules of Appellate Procedure will hold                  withdrawal request to the Office of
                                                                                                       Diversion Control.                                       The United States Department of
                                               a two-day meeting. The meeting will be                                                                        Justice will accept written comments
                                               open to public observation but not                         When, as of August 13, 2015, this
                                                                                                       Office had not been notified as to                    relating to this proposed Consent Decree
                                               participation.                                                                                                for thirty (30) days from the date of
                                                                                                       whether Respondent’s withdrawal
                                               DATES: October 29–30, 2015.                             request had either been granted or                    publication of this Notice. Please
                                               TIME: 9:00 a.m. to 5:00 p.m.                            denied, I ordered that Respondent’s                   address comments to Martin
                                               ADDRESSES: University of Notre Dame                     withdrawal request be ruled on no later               McDermott, Senior Attorney, United
                                               Law Suite, 224 S. Michigan Avenue,                      than 10 days from the date of the Order.              States Department of Justice,
                                               Suite 250, Chicago, IL 60604.                           Order of the Administrator (Aug. 13,                  Environment and Natural Resources
                                               FOR FURTHER INFORMATION CONTACT:                        2015). Thereafter, on September 4, 2015,              Division, Post Office Box 7611,
                                               Rebecca A. Womeldorf, Rules                             the Government moved to dismiss the                   Washington, DC 20044 and refer to
                                               Committee Secretary, Rules Committee                    proceeding, explaining that on                        United States v. Lister Harrell, et al., DJ
                                               Support Office, Administrative Office of                September 2, 2015, the Deputy Assistant               #90–5–1–1–18422.
                                               the United States Courts, Washington,                   Administrator granted Respondent’s                       The proposed Consent Decree may be
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                                               DC 20544, telephone (202) 502–1820.                     withdrawal request, based on                          examined at the Clerk’s Office, United
                                                                                                       Respondent’s decision to retire from the              States District Court for the Southern
                                                 Dated: September 15, 2015.                                                                                  District of Georgia (Augusta Division),
                                                                                                       practice of medicine. Gov. Mot. to
                                               Rebecca A. Womeldorf,                                   Dismiss the Order to Show Cause, at 2–                United States Courthouse, 600 James
                                               Rules Committee Secretary.                              3.                                                    Brown Boulevard, Augusta, GA 30901.
                                               [FR Doc. 2015–23515 Filed 9–18–15; 8:45 am]                Having considered the Government’s                 In addition, the proposed Consent
                                               BILLING CODE 2210–55–P                                  motion, I grant the Government’s                      Decree may be examined electronically


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Document Created: 2015-12-15 09:39:15
Document Modified: 2015-12-15 09:39:15
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 57020 

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