82 FR 9224 - Janet Carol Dean, M.D.; Decision and Order
DEPARTMENT OF JUSTICE
Drug Enforcement Administration Federal Register Volume 82, Issue 22 (February 3, 2017)
Drug Enforcement Administration
Federal Register Volume 82, Issue 22 (February 3, 2017)
| Page Range | 9224-9226 | |
| FR Document | 2017-02321 |
[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)] [Notices] [Pages 9224-9226] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-02321] ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Drug Enforcement Administration Janet Carol Dean, M.D.; Decision and Order On September 22, 2016, the Assistant Administrator, Diversion Control Division, Drug Enforcement Administration (DEA), issued an Order to Show Cause to Janet Carol Dean, M.D. (Registrant), of Denver, Colorado. The Show Cause Order proposed the revocation of Registrant's DEA Certificate of Registration No. BD2298621, the denial of any applications to renew or modify her registration, and the denial of any applications for any other DEA registration, on the ground that she does not have authority to handle controlled [[Page 9225]] substances in Colorado, the State in which she is registered with the DEA. Order to Show Cause, at 1 (citing 21 U.S.C. 824(a)(3)). With respect to the Agency's jurisdiction, the Show Cause Order alleged that Registrant is the holder of Certificate of Registration No. BD2298621, pursuant to which she is authorized to dispense controlled substances in schedules II through V as a practitioner, at the registered address of 710 E. Speer Blvd., Denver, Colorado. Id. The Order also alleged that this registration does not expire until June 30, 2017. Id. As ground for the proceeding, the Show Cause Order alleged that on August 22, 2016, the Colorado Medical Board issued an order ``which suspended [her] medical license'' and that she is ``currently without authority to practice medicine or handle controlled substances in the State of Colorado, the [S]tate in which [she is] registered with the'' Agency. Id. at 2. Based on her ``lack of authority to [dispense] controlled substances in . . . Colorado,'' the Order asserted that ``DEA must revoke'' her registration. Id. (citing 21 U.S.C. 824(a)(3)). The Show Cause Order notified Registrant of her right to request a hearing on the allegations or to submit a written statement in lieu of a hearing, the procedure for electing either option, and the consequence for failing to elect either option. Id. (citing 21 CFR 1301.43). The Show Cause Order also notified Registrant of her right to submit a corrective action plan. Id. at 2-3. On or about September 29, 2016, a Diversion Investigator from the Denver Field Division mailed the Order to Show Cause to Registrant by Certified Mail, Return Receipt Requested, addressed to her at the following addresses: (1) An address which, according to the Government was her registered address, but which is recorded on the Certified Mail Receipt as 710 E. Speed Blvd.; (2) her mailing address on file with the Agency; and (3) the address listed on her Colorado driver's license. Government Request for Final Agency Action (RFFA), at 1-2. According to both USPS tracking information and the signed return-receipt card, the mailing to Registrant's mailing address was signed for on October 6, 2016.\1\ GX 3, at 2-3. --------------------------------------------------------------------------- \1\ Because of the discrepancy between the addresses listed in the registration history (710 E. Speer Blvd., Denver, CO) and the address as written on the Certified Mail receipt (710 E. Speed Blvd., Denver, CO), I cannot find that this attempt at service was effective. As for the mailing of the Show Cause Order to the address on her driver's license, it was returned unclaimed. Thus, I rely only on the mailing to the mailing address she provided to the Agency. --------------------------------------------------------------------------- On December 7, 2016, the Government forwarded its Request for Final Agency Action and an evidentiary record to my Office. Therein, the Government represents that Registrant has neither requested a hearing nor ``otherwise corresponded or communicated with DEA regarding'' the Show Cause Order. RFFA, at 2. Based on the Government's representation and the record, I find that more than 30 days have passed since the Order to Show Cause was served on Registrant and she has neither requested a hearing nor submitted a written statement in lieu of a hearing. Id. at 2 (citing 21 CFR 1301.43(d)). Accordingly, I find that Registrant has waived her right to a hearing or to submit a written statement and issue this Decision and Order based on relevant evidence submitted by the Government. I make the following findings. Findings Registrant is the holder of DEA Certificate of Registration BD2298621, pursuant to which she is authorized to dispense controlled substances in schedules II through V as a practitioner, at the registered address of 710 E. Speer Blvd., Denver, Colorado. GX 1, at 1 (Certification of Registration History). Her registration does not expire until June 30, 2017. Id. On August 22, 2016, the Colorado Medical Board (the Board) issued an Order of Suspension to Registrant, which was effective the same day. GX 4, at 2 (Order of Suspension). According to the Board's Order, an Inquiry Panel reviewed information that ``during the period of January 1, 2016 to May 27, 2016, [Registrant] signed in excess of 450 certifications recommending the medical use of marijuana which authorized the individual to possess more marijuana plants than were medically necessary to treat the patients' conditions.'' Id. at 1. The Inquiry Panel also found that the ``certifications f[ell] below generally accepted standards of medical practice and lack[ed] medical necessity,'' in violation of Colorado law. Id. (citing, inter alia, Col. Rev. Statutes Sec. Sec. 12-36-117(l)(p) and (mm)). The Panel further found that the ``significant number of standard of care deviations, within a six-month period, raise[d] significant concerns regarding Respondent's medical judgment and decision-making.'' Id. at 2. And based on its conclusion that there were ``objective and reasonable grounds to believe . . . that [Registrant] deliberately and willfully violated the Medical Practice Act and/or that the public health, safety or welfare imperatively requires emergency action,'' the Panel ordered the suspension of her medical license which ``shall remain in effect until resolution'' of the Board's matter. Id. Discussion Pursuant to 21 U.S.C. 824(a)(3), the Attorney General is authorized to suspend or revoke a registration issued under section 823 of Title 21, ``upon a finding that the registrant . . . has had [her] State license . . . suspended [or] revoked . . . by competent State authority and is no longer authorized by State law to engage in the . . . dispensing of controlled substances.'' With respect to a practitioner, DEA has repeatedly held that the possession of authority to dispense controlled substances under the laws of the State in which a practitioner engages in professional practice is a fundamental condition for obtaining and maintaining a registration. See, e.g., James L. Hooper, 76 FR 71371 (2011), pet. for rev. denied, 481 Fed. Appx. 826 (4th Cir. 2012); see also Frederick Marsh Blanton, 43 FR 27616 (1978) (``State authorization to dispense or otherwise handle controlled substances is a prerequisite to the issuance and maintenance of a Federal controlled substances registration.''). This rule derives from the text of two provisions of the CSA. First, Congress defined ``the term `practitioner' [to] mean[ ] a . . . physician . . . or other person licensed, registered or otherwise permitted, by . . . the jurisdiction in which [s]he practices . . . to distribute, dispense, [or] administer . . . a controlled substance in the course of professional practice.'' 21 U.S.C. 802(21). Second, in setting the requirements for obtaining a practitioner's registration, Congress directed that ``[t]he Attorney General shall register practitioners . . . if the applicant is authorized to dispense . . . controlled substances under the laws of the State in which [s]he practices.'' 21 U.S.C. 823(f). Because Congress has clearly mandated that a practitioner possess state authority in order to be deemed a practitioner under the Act, DEA has held repeatedly that revocation of a practitioner's registration is the appropriate sanction whenever she is no longer authorized to dispense controlled substances under the laws of the State in which she engages in professional practice. See, e.g., Calvin Ramsey, 76 FR 20034, 20036 (2011); Sheran Arden Yeates, M.D., 71 FR 39130, 39131 (2006); Dominick A. Ricci, 58 FR 51104, 51105 (1993); Bobby Watts, 53 FR [[Page 9226]] 11919, 11920 (1988); Blanton, 43 FR 27616 (1978). Moreover, because ``the controlling question'' in a proceeding brought under 21 U.S.C. 824(a)(3) is whether the holder of a practitioner's registration ``is currently authorized to handle controlled substances in the [S]tate,'' Hooper, 76 FR at 71371 (quoting Anne Lazar Thorn, 62 FR 12847, 12848 (1997)), the Agency has also long held that revocation is warranted even where a practitioner has lost his state authority by virtue of the State's use of summary process and the State has yet to provide a hearing to challenge the suspension. Bourne Pharmacy, 72 FR 18273, 18274 (2007); Wingfield Drugs, 52 FR 27070, 27071 (1987). Thus, it is of no consequence that the Colorado Medical Board has employed summary process in suspending Registrant's state license. What is consequential is that Registrant is no longer currently authorized to dispense controlled substances in the State in which she is registered. I will therefore order that her registration be revoked. 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 DEA Certificate of Registration BD2298621, issued to Janet Carol Dean, M.D., be, and it hereby is, revoked. Pursuant to the authority vested in me by 21 U.S.C. 823(f), I further order that any pending application of Janet Carol Dean, M.D., to renew or modify her registration, or for any registration in the State of Colorado, be, and it hereby is, denied. This Order is effective immediately.\2\ --------------------------------------------------------------------------- \2\ For the same reasons that led the Colorado Board to summarily suspend Registrant's medical license, I find that the public interest necessitates that this Order be effective immediately. 21 CFR 1316.67. Dated: January 27th, 2017. Chuck Rosenberg, Acting Administrator. [FR Doc. 2017-02321 Filed 2-2-17; 8:45 am] BILLING CODE 4410-09-P
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On or about October 3, 2016, a allegations were [his] personal patients’’ controlled substances under the laws of
Diversion Investigator (DI) from the and Registrant ‘‘denied the allegation,’’ the State in which he practices.’’ 21
Houston Division Office sent the Order he ‘‘surrender[ed] his license because of U.S.C. 823(f). Because Congress has
to Show Cause by Certified Mail to his inability to practice due to health clearly mandated that a practitioner
Registrant at the address of his reasons.’’ Id. He further ‘‘accept[ed] that possess state authority in order to be
registered location. Appendix 4, at 2 the revocation of his Texas medical deemed a practitioner under the Act,
(Declaration of DI). According to the DI, license will be accepted in lieu of DEA has held repeatedly that revocation
on or about October 11, 2016 she further disciplinary proceedings and of a practitioner’s registration is the
received back the signed return-receipt that it [was] effective on the date of the appropriate sanction whenever he is no
card showing that the Show Cause entry of th[e] Agreed Order.’’ Id. See longer authorized to dispense controlled
Order had been received at Registrant’s also id. at 4 (citing Tex. Occ. Code Ann. substances under the laws of the State
registered address. Id. at 2. The DI §§ 164.053(a)(8) and 164.057; 22 Tex. in which he practices medicine. See,
further averred that while the date of Admin. Code 196.2). The Board thus e.g., Calvin Ramsey, 76 FR 20034, 20036
receipt was not marked on the card, the ordered that Registrant’s medical license (2011); Sheran Arden Yeates, M.D., 71
Postal Service’s Web site shows that the be revoked and that he ‘‘immediately FR 39130, 39131 (2006); Dominick A.
mailing ‘‘was signed for on October 7, cease practice in Texas.’’ Id. Ricci, 58 FR 51104, 51105 (1993); Bobby
2016.’’ Id. Based on the Board’s Order, and Watts, 53 FR 11919, 11920 (1988);
On December 12, 2016, the Registrant’s failure to submit any Blanton, 43 FR at 27616.
Government submitted a Request for evidence to show that his medical As found above, by virtue of the
Final Agency Action (RFFA) and an license has been reinstated, I find that Agreed Order of Revocation, Registrant
evidentiary record to my Office. Registrant is no longer currently currently lacks authority to practice
Therein, the Government represents that authorized to dispense controlled medicine and dispense controlled
more than 30 days have passed since the substances in Texas, the State in which substances in Texas, the State in which
Order to Show Cause was served on he is registered with the Agency. he holds his DEA registration.
Registrant and that it ‘‘has not received Accordingly, I will order that his
Discussion
a request for hearing or any other reply registration be revoked.
from’’ Registrant. RFFA at 2. Pursuant to 21 U.S.C. 824(a)(3), the
Based on the Government’s Attorney General is authorized to Order
representation and the record, I find that suspend or revoke a registration issued Pursuant to the authority vested in me
more than 30 days have passed since the under section 823 of Title 21, ‘‘upon a by 21 U.S.C. 824(a), as well as 28 CFR
date of service of the Show Cause Order, finding that the registrant . . . has had 0.100(b), I order that DEA Certificate of
and that neither Registrant, nor anyone [his] State license . . . suspended [or] Registration AW2558750, issued to
purporting to represent him, has revoked . . . by competent State Richard W. Walker, Jr., M.D., be, and it
requested a hearing or submitted a authority and is no longer authorized by hereby is, revoked. Pursuant to the
written statement in lieu of a hearing. I State law to engage in the . . . authority vested in me by 21 U.S.C.
therefore find that Registrant has waived dispensing of controlled substances.’’ 823(f), I further order that any pending
his right to a hearing or to submit a With respect to a practitioner, DEA has application of Richard W. Walker, Jr.,
written statement in lieu of a hearing, repeatedly held that the possession of M.D., to renew or modify his
and issue this Decision and Order based authority to dispense controlled registration, be, and it hereby is, denied.
on relevant evidence contained in the substances under the laws of the State This Order is effective March 6, 2017.
record submitted by the Government. 21 in which he engages in professional
practice is a fundamental condition for Dated: January 27th, 2017.
CFR 1301.43(d) & (e). I make the
obtaining and maintaining a Chuck Rosenberg,
following findings of fact.
practitioner’s registration. See, e.g., Acting Administrator.
Findings James L. Hooper, 76 FR 71371 (2011), [FR Doc. 2017–02320 Filed 2–2–17; 8:45 am]
Registrant is the holder of Certificate pet. for rev. denied, 481 Fed. Appx. 826 BILLING CODE 4410–09–P
of Registration No. AW2558750, (4th Cir. 2012); see also Frederick Marsh
pursuant to which he is authorized to Blanton, 43 FR 27616 (1978) (‘‘State
dispense controlled substances in authorization to dispense or otherwise DEPARTMENT OF JUSTICE
schedules II through V as a practitioner, handle controlled substances is a
at the registered address of 4604 prerequisite to the issuance and Drug Enforcement Administration
Hispania View Drive, League City, maintenance of a Federal controlled Janet Carol Dean, M.D.; Decision and
Texas; his registration does not expire substances registration.’’). Order
until May 31, 2017. Appendix 2 This rule derives from the text of two
(Certificate of Registration). provisions of the CSA. First, Congress On September 22, 2016, the Assistant
On June 10, 2016, Registrant entered defined ‘‘the term ‘practitioner’ [to] Administrator, Diversion Control
into an Agreed Order of Revocation with mean[ ] a . . . physician . . . or other Division, Drug Enforcement
the Texas Medical Board (the Board) ‘‘to person licensed, registered or otherwise Administration (DEA), issued an Order
avoid further investigation, hearings, permitted, by . . . the jurisdiction in to Show Cause to Janet Carol Dean, M.D.
and the expense and inconvenience of which he practices . . . to distribute, (Registrant), of Denver, Colorado. The
litigation.’’ Appendix 3, at 4 (Agreed dispense, [or] administer . . . a Show Cause Order proposed the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Order of Revocation). The Board controlled substance in the course of revocation of Registrant’s DEA
specifically found that Registrant ‘‘failed professional practice.’’ 21 U.S.C. Certificate of Registration No.
to adequately supervise his prescriptive 802(21). Second, in setting the BD2298621, the denial of any
delegate . . . who non[-]therapeutically requirements for obtaining a applications to renew or modify her
prescribed controlled substances and practitioner’s registration, Congress registration, and the denial of any
who operated an unregistered pain directed that ‘‘[t]he Attorney General applications for any other DEA
management clinic.’’ Id. at 3. While shall register practitioners . . . if the registration, on the ground that she does
‘‘[n]one of the patients involved in the applicant is authorized to dispense . . . not have authority to handle controlled
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![Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Notices 9225
substances in Colorado, the State in On December 7, 2016, the deliberately and willfully violated the
which she is registered with the DEA. Government forwarded its Request for Medical Practice Act and/or that the
Order to Show Cause, at 1 (citing 21 Final Agency Action and an evidentiary public health, safety or welfare
U.S.C. 824(a)(3)). record to my Office. Therein, the imperatively requires emergency
With respect to the Agency’s Government represents that Registrant action,’’ the Panel ordered the
jurisdiction, the Show Cause Order has neither requested a hearing nor suspension of her medical license
alleged that Registrant is the holder of ‘‘otherwise corresponded or which ‘‘shall remain in effect until
Certificate of Registration No. communicated with DEA regarding’’ the resolution’’ of the Board’s matter. Id.
BD2298621, pursuant to which she is Show Cause Order. RFFA, at 2.
Based on the Government’s Discussion
authorized to dispense controlled
substances in schedules II through V as representation and the record, I find that Pursuant to 21 U.S.C. 824(a)(3), the
a practitioner, at the registered address more than 30 days have passed since the Attorney General is authorized to
of 710 E. Speer Blvd., Denver, Colorado. Order to Show Cause was served on suspend or revoke a registration issued
Id. The Order also alleged that this Registrant and she has neither requested under section 823 of Title 21, ‘‘upon a
registration does not expire until June a hearing nor submitted a written finding that the registrant . . . has had
30, 2017. Id. statement in lieu of a hearing. Id. at 2 [her] State license . . . suspended [or]
As ground for the proceeding, the (citing 21 CFR 1301.43(d)). Accordingly, revoked . . . by competent State
Show Cause Order alleged that on I find that Registrant has waived her authority and is no longer authorized by
August 22, 2016, the Colorado Medical right to a hearing or to submit a written State law to engage in the . . .
Board issued an order ‘‘which statement and issue this Decision and dispensing of controlled substances.’’
suspended [her] medical license’’ and Order based on relevant evidence With respect to a practitioner, DEA has
that she is ‘‘currently without authority submitted by the Government. I make repeatedly held that the possession of
to practice medicine or handle the following findings. authority to dispense controlled
controlled substances in the State of substances under the laws of the State
Findings in which a practitioner engages in
Colorado, the [S]tate in which [she is]
registered with the’’ Agency. Id. at 2. Registrant is the holder of DEA professional practice is a fundamental
Based on her ‘‘lack of authority to Certificate of Registration BD2298621, condition for obtaining and maintaining
[dispense] controlled substances in . . . pursuant to which she is authorized to a registration. See, e.g., James L. Hooper,
Colorado,’’ the Order asserted that ‘‘DEA dispense controlled substances in 76 FR 71371 (2011), pet. for rev. denied,
must revoke’’ her registration. Id. (citing schedules II through V as a practitioner, 481 Fed. Appx. 826 (4th Cir. 2012); see
21 U.S.C. 824(a)(3)). at the registered address of 710 E. Speer also Frederick Marsh Blanton, 43 FR
The Show Cause Order notified Blvd., Denver, Colorado. GX 1, at 1 27616 (1978) (‘‘State authorization to
Registrant of her right to request a (Certification of Registration History). dispense or otherwise handle controlled
hearing on the allegations or to submit Her registration does not expire until substances is a prerequisite to the
a written statement in lieu of a hearing, June 30, 2017. Id. issuance and maintenance of a Federal
the procedure for electing either option, On August 22, 2016, the Colorado controlled substances registration.’’).
and the consequence for failing to elect Medical Board (the Board) issued an This rule derives from the text of two
either option. Id. (citing 21 CFR Order of Suspension to Registrant, provisions of the CSA. First, Congress
1301.43). The Show Cause Order also which was effective the same day. GX defined ‘‘the term ‘practitioner’ [to]
notified Registrant of her right to submit 4, at 2 (Order of Suspension). According mean[ ] a . . . physician . . . or other
a corrective action plan. Id. at 2–3. to the Board’s Order, an Inquiry Panel person licensed, registered or otherwise
On or about September 29, 2016, a reviewed information that ‘‘during the permitted, by . . . the jurisdiction in
Diversion Investigator from the Denver period of January 1, 2016 to May 27, which [s]he practices . . . to distribute,
Field Division mailed the Order to 2016, [Registrant] signed in excess of dispense, [or] administer . . . a
Show Cause to Registrant by Certified 450 certifications recommending the controlled substance in the course of
Mail, Return Receipt Requested, medical use of marijuana which professional practice.’’ 21 U.S.C.
addressed to her at the following authorized the individual to possess 802(21). Second, in setting the
addresses: (1) An address which, more marijuana plants than were requirements for obtaining a
according to the Government was her medically necessary to treat the practitioner’s registration, Congress
registered address, but which is patients’ conditions.’’ Id. at 1. The directed that ‘‘[t]he Attorney General
recorded on the Certified Mail Receipt Inquiry Panel also found that the shall register practitioners . . . if the
as 710 E. Speed Blvd.; (2) her mailing ‘‘certifications f[ell] below generally applicant is authorized to dispense . . .
accepted standards of medical practice controlled substances under the laws of
address on file with the Agency; and (3)
and lack[ed] medical necessity,’’ in the State in which [s]he practices.’’ 21
the address listed on her Colorado
violation of Colorado law. Id. (citing, U.S.C. 823(f). Because Congress has
driver’s license. Government Request for
inter alia, Col. Rev. Statutes §§ 12–36– clearly mandated that a practitioner
Final Agency Action (RFFA), at 1–2.
117(l)(p) and (mm)). possess state authority in order to be
According to both USPS tracking
The Panel further found that the deemed a practitioner under the Act,
information and the signed return-
‘‘significant number of standard of care DEA has held repeatedly that revocation
receipt card, the mailing to Registrant’s
deviations, within a six-month period, of a practitioner’s registration is the
mailing address was signed for on
appropriate sanction whenever she is no
asabaliauskas on DSK3SPTVN1PROD with NOTICES
October 6, 2016.1 GX 3, at 2–3. raise[d] significant concerns regarding
Respondent’s medical judgment and longer authorized to dispense controlled
1 Because of the discrepancy between the decision-making.’’ Id. at 2. And based substances under the laws of the State
addresses listed in the registration history (710 E. on its conclusion that there were in which she engages in professional
Speer Blvd., Denver, CO) and the address as written ‘‘objective and reasonable grounds to practice. See, e.g., Calvin Ramsey, 76 FR
on the Certified Mail receipt (710 E. Speed Blvd., 20034, 20036 (2011); Sheran Arden
Denver, CO), I cannot find that this attempt at believe . . . that [Registrant]
service was effective. As for the mailing of the
Yeates, M.D., 71 FR 39130, 39131
Show Cause Order to the address on her driver’s only on the mailing to the mailing address she (2006); Dominick A. Ricci, 58 FR 51104,
license, it was returned unclaimed. Thus, I rely provided to the Agency. 51105 (1993); Bobby Watts, 53 FR
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11919, 11920 (1988); Blanton, 43 FR 15–10541–BLS (Bankr. D. Del). The reproduction cost) payable to the United
27616 (1978). proposed settlement agreement, if States Treasury.
Moreover, because ‘‘the controlling approved, will fully resolve the proof of Randall M. Stone,
question’’ in a proceeding brought claim filed by the United States, on
under 21 U.S.C. 824(a)(3) is whether the Acting Assistant Section Chief,
behalf of the U.S. Environmental Environmental Enforcement Section,
holder of a practitioner’s registration ‘‘is Protection Agency (‘‘EPA’’), against SRC Environment and Natural Resources Division.
currently authorized to handle Liquidation LLC (‘‘SRC’’), formerly [FR Doc. 2017–02334 Filed 2–2–17; 8:45 am]
controlled substances in the [S]tate,’’ known as The Standard Register BILLING CODE 4410–15–P
Hooper, 76 FR at 71371 (quoting Anne
Company, contending that SRC is liable
Lazar Thorn, 62 FR 12847, 12848
under the Comprehensive
(1997)), the Agency has also long held
Environmental Response, DEPARTMENT OF JUSTICE
that revocation is warranted even where
a practitioner has lost his state authority Compensation, and Liability Act [OMB Number 1121–0220]
by virtue of the State’s use of summary (‘‘CERCLA’’), 42 U.S.C. 9601–9675, for
process and the State has yet to provide response costs incurred and to be Agency Information Collection
a hearing to challenge the suspension. incurred by the United States at the Activities; Proposed eCollection
Bourne Pharmacy, 72 FR 18273, 18274 Valleycrest Landfill Superfund Site (a/ eComments Requested; Bureau of
(2007); Wingfield Drugs, 52 FR 27070, k/a/North Sanitary Landfill) in the City Justice Assistance Application Form:
27071 (1987). Thus, it is of no of Dayton, Montgomery County, Ohio Public Safety Officers Educational
consequence that the Colorado Medical (‘‘Site’’). Under the proposed settlement Assistance
Board has employed summary process agreement, the United States, on behalf AGENCY: Bureau of Justice Assistance,
in suspending Registrant’s state license. of EPA, shall have an allowed general Department of Justice.
What is consequential is that Registrant unsecured claim against SRC of ACTION: 30-day notice.
is no longer currently authorized to $4,300,000, which shall be entitled to
dispense controlled substances in the the same treatment as other allowed SUMMARY: The Department of Justice
State in which she is registered. I will general unsecured claims under SRC’s (DOJ), Office of Justice Programs (OJP)
therefore order that her registration be approved plan of liquidation. has submitted the following information
revoked. collection request to the Office of
The publication of this notice opens Management and Budget (OMB) for
Order a period for public comment on the review and approval in accordance with
Pursuant to the authority vested in me proposed settlement agreement. the Paperwork Reduction Act of 1995.
by 21 U.S.C. 824(a), as well as 28 CFR Comments should be addressed to the This proposed information collection
0.100(b), I order that DEA Certificate of Assistant Attorney General, was previously published in the Federal
Registration BD2298621, issued to Janet Environment and Natural Resources Register 81 FR 84617 on November 23,
Carol Dean, M.D., be, and it hereby is, Division, and should refer to In re SRC 2016 allowing for a 60-day comment
revoked. Pursuant to the authority Liquidation LLC, et al., D.J. Ref. No. 90– period.
vested in me by 21 U.S.C. 823(f), I 11–3–11076/1. All comments must be
further order that any pending DATES: Comments are encouraged and
submitted no later than thirty (30) days will be accepted for an additional 30
application of Janet Carol Dean, M.D., to after the publication date of this notice.
renew or modify her registration, or for days until March 6, 2017.
Comments may be submitted either by FOR FURTHER INFORMATION CONTACT: If
any registration in the State of Colorado,
email or by mail: you have additional comments
be, and it hereby is, denied. This Order
is effective immediately.2 especially on the estimated public
To submit burden or associated response time,
Send them to:
Dated: January 27th, 2017. comments:
suggestions, or need a copy of the
Chuck Rosenberg,
By email ...... pubcomment-ees.enrd@ proposed information collection
Acting Administrator. instrument with instructions or
usdoj.gov.
[FR Doc. 2017–02321 Filed 2–2–17; 8:45 am] additional information, please contact
By mail ........ Assistant Attorney General,
BILLING CODE 4410–09–P U.S. DOJ—ENRD, P.O. Box Michelle Martin, Senior Management
7611, Washington, DC Analyst, Bureau of Justice Assistance,
20044–7611. 810 Seventh Street NW., Washington,
DEPARTMENT OF JUSTICE DC 20531 (phone: 202 514–9354).
Notice of Lodging of Proposed During the public comment period, Written comments and/or suggestions
Settlement Agreement Under the the proposed settlement agreement may can also be directed to the Office of
Comprehensive Environmental be examined and downloaded at this Management and Budget, Office of
Response, Compensation, and Liability Justice Department Web site: https:// Information and Regulatory Affairs,
Act www.justice.gov/enrd/consent-decrees. Attention Department of Justice Desk
We will also provide a paper copy of the Officer, Washington, DC 20503 or sent
On January 19, 2017, the Department proposed settlement agreement upon to OIRA_submissions@omb.eop.gov.
of Justice lodged a proposed settlement SUPPLEMENTARY INFORMATION: Written
written request and payment of
agreement with the United States comments and suggestions from the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
reproduction costs. Please mail your
Bankruptcy Court for the District of public and affected agencies concerning
Delaware in the lawsuit entitled In re request and payment to: Consent Decree
Library, U.S. DOJ—ENRD, P.O. Box the proposed collection of information
SRC Liquidation LLC, et al., Case No. are encouraged. Your comments should
7611, Washington, DC 20044–7611.
address one or more of the following
2 For the same reasons that led the Colorado Please enclose a check or money order four points:
Board to summarily suspend Registrant’s medical for $3.00 (12 pages at 25 cents per page
license, I find that the public interest necessitates
—Evaluate whether the proposed
that this Order be effective immediately. 21 CFR collection of information is necessary
1316.67. for the proper performance of the
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Document Created: 2018-02-01 14:35:02
Document Modified: 2018-02-01 14:35:02
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 82 FR 9224 |
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