82 FR 24146 - Josip Pasic, M.D.; Order

DEPARTMENT OF JUSTICE
Drug Enforcement Administration

Federal Register Volume 82, Issue 100 (May 25, 2017)

[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)]
[Notices]
[Pages 24146-24147]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10742]


-----------------------------------------------------------------------

 DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Josip Pasic, M.D.; Order

    On February 23, 2017, the Assistant Administrator, Division of 
Diversion Control, Drug Enforcement Administration, issued an Order to 
Show Cause to Josip Pasic, M.D., of Chicago, Illinois. GX 2, at 2. The 
Show Cause Order proposed the revocation of Dr. Pasic's Certificate of 
Registration on the ground that he does not possess ``authority to 
handle controlled substances in Illinois, the [S]tate in which [he is] 
registered with the'' Agency. Id.
    As to the jurisdictional basis for the proceeding, the Show Cause 
Order alleged that Dr. Pasic is ``registered . . . as a practitioner in 
[s]chedules II through V under . . . Certificate of Registration 
#AP7955923 at 5510 N. Sheridan Road, Suite #7A, Chicago,'' Illinois. 
Id. The Order alleged that this ``registration expires by its terms on 
March 31, 2017.'' Id.
    As to the substantive ground for the proceeding, the Show Cause 
Order alleged that on December 14, 2016, the ``Illinois Department of 
Financial and Professional Regulation issued an Order temporarily 
suspending [Dr. Pasic's] Illinois Physician and Surgeon License . . . 
and Controlled Substance License.'' Id. The Order then alleged that 
``[a]s a result of this suspension, [he is] currently without authority 
to practice medicine or handle controlled substances in the State of 
Illinois, the [S]tate in which [he is] registered with the DEA.'' Id. 
at 3. The Order then asserted that his registration is subject to 
revocation ``based on [his] lack of authority to handle controlled 
substances in the State.'' Id.
    The Show Cause Order also notified Dr. Pasic of his right to 
request a hearing on the allegations or to submit a written statement 
on the matters of fact and law asserted in the Order while waiving his 
right to a hearing, the procedures for electing either option, and the 
consequence of failing to elect either option. Id. (citing 21 CFR 
1301.43). Finally, the Order notified Dr. Pasic of his right to submit 
a corrective action plan. Id. at 3-4 (citing 21 U.S.C. 824(c)(2)(C)).
    On February 28, 2017, as well as on March 1, 2017, the Show Cause 
Order was served on Dr. Pasic. GX 4, at 3 (declaration of DI). 
According to the DI's Declaration, as of April 3, 2017, Dr. Pasic had 
not requested a hearing. Id. The DI's Declaration does not, however, 
state whether Dr. Pasic filed a written

[[Page 24147]]

statement of position. See generally GX 4. So too, the Government's 
Request for Final Agency Action does not address whether Dr. Pasic 
submitted a written statement.\1\ See generally Gov. Request for Final 
Agency Action.
---------------------------------------------------------------------------

    \1\ Because I conclude that this matter is now moot, I deem it 
unnecessary to remand the matter for clarification as to whether Dr. 
Pasic submitted a written statement.
---------------------------------------------------------------------------

    In her declaration, the DI stated that she had obtained a copy of 
Dr. Pasic's Registration and Registration History. GX 4, at 3. 
According to the DI, ``Dr. Pasic allowed his . . . registration to 
lapse on March 31, 2017'' and has not ``made any request--timely or 
untimely--to renew his registration.'' Id.
    On May 2, 2017, the Government submitted its Request for Final 
Agency Action. Therein, the Government noted that the case is moot 
because Dr. Pasic has allowed his registration to expire and has not 
submitted an application. Request for Final Agency Action, at 3 (citing 
Victor B. Williams, 80 FR 50029 (2015)). However, while the Government 
recognizes that the matter is moot, it requests that I issue ``a final 
order . . . setting forth the following facts and conclusions of law'' 
related to the suspension of his state authority to ``memorialize the 
outcome of this proceeding for the record and for purpose of evaluating 
future applications.'' Id.
    I grant the Government's request but only with respect to its 
request that I dismiss this case as moot. Were I to make the factual 
findings and legal conclusions requested by the Government, I would be 
issuing an advisory opinion. Though an administrative agency is not 
subject to the case or controversy requirements of Article III, 
relevant authority suggests that in the event Respondent sought 
judicial review of the decision, the federal courts would lack 
jurisdiction to review that part of the decision. It is settled, 
however, that where the federal courts lack the power to review an 
agency decision because of intervening mootness, the court vacates the 
agency's order. See A.L. Mechling Barge Lines, Inc. v. United States, 
368 U.S. 324, 329 (1961) (vacating administrative orders which had 
become unreviewable in federal court); see also American Family Life 
Assurance Co. v. FCC, 129 F.3d 625, 630 (D.C. Cir. 1997) (``Since 
Mechling, we have, as a matter of course, vacated agency orders in 
cases that have become moot by the time of judicial review.''). See 
also Samuel H. Albert, 74 FR 54851, 54852 (2009). As the requested 
factual findings and legal conclusions would be subject to vacation on 
judicial review, there is no point to making them.
    Because Respondent's registration has expired and he has not filed 
an application, whether timely or not, this case is now moot. See 
Williams, 80 FR at 50029; see also William W. Nucklos, 73 FR 34330 
(2008); Ronald J. Riegel, 63 FR 67132, 67133 (1988). Accordingly, I 
will dismiss the Order to Show Cause.

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 
Josip Pasic, M.D., be, and it hereby is, dismissed. This Order is 
effective immediately.

    Dated: May 16, 2017.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2017-10742 Filed 5-24-17; 8:45 am]
 BILLING CODE 4410-09-P