83 FR 22518 - Donald Kenneth Shreves, D.V.M.; Dismissal of Proceeding
DEPARTMENT OF JUSTICE
Drug Enforcement Administration Federal Register Volume 83, Issue 94 (May 15, 2018)
Drug Enforcement Administration
Federal Register Volume 83, Issue 94 (May 15, 2018)
| Page Range | 22518-22518 | |
| FR Document | 2018-10305 |
[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)] [Notices] [Page 22518] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10305] ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Drug Enforcement Administration [No. 18-12] Donald Kenneth Shreves, D.V.M.; Dismissal of Proceeding On October 31, 2017, the Acting Assistant Administrator, Diversion Control Division, issued an Order to Show Cause to Donald Kenneth Shreves, D.V.M. (Respondent), of Pottstown, Pennsylvania. The Show Cause Order proposed the revocation of Respondent's Certificate of Registration on the ground that he does ``not have authority to handle controlled substances in the State of Pennsylvania, the [S]tate in which [he is] registered with the'' Agency. Show Cause Order, at 1. With respect to the Agency's jurisdiction, the Show Cause Order alleged that Respondent is registered ``as a practitioner in [s]chedules II-V under . . . registration number BS5342934,'' at the location of ``1361C Farmington Ave., Pottstown, Pennsylvania.'' Id. The Order further alleged that Respondent's registration was due to expire on February 28, 2018. Id. As the substantive ground for the proceeding, the Show Cause Order alleged that on September 28, 2017, the Pennsylvania Board of Veterinary Medicine ``issued an Order of Temporary Suspension'' of his veterinary medicine license. Id. at 1-2. The Order alleged that as a consequence of the Board's action, Respondent is currently ``without to handle controlled substances in . . . Pennsylvania, the [S]tate in which'' he is registered, and therefore, his registration should be revoked. Id. at 2. The Show Cause Order notified Respondent of his right to request a hearing or to submit a written statement while waiving his right to a hearing, the procedure for electing either option, and the consequence of failing to elect either option. Id. at 2 (citing 21 CFR 1301.43). The Order also notified Respondent of his right to submit a corrective action plan. Id. at 2-3 (citing 21 U.S.C. 824(c)(2)(C)). On November 8, 2017, Respondent was personally served with the Show Cause Order, and on December 8, 2018, Respondent requested a hearing. Resp. Hrng. Req. at 1. The matter was placed on the docket of the Office of Administrative Law Judges and assigned to ALJ Charles Wm. Dorman, who, on December 11, 2017, issued an order setting the briefing schedule. See Briefing Schedule for Lack of State Authority Allegations, at 1. On January 4, 2018, the Government submitted a Motion for Summary Disposition; as support for its motion, the Government attached a copy of the Board's Suspension Order and a Declaration of a DEA Task Force Office that Respondent's Veterinary License remained suspended as of January 2, 2017, when she queried the Board's website. Mot. for Summ. Disp., Attachments 3; 5; 6, at 2. On January 10, 2018, Respondent filed his reply and admitted that he was currently without authority to handle controlled substances in Pennsylvania. Resp.'s Reply to Govt. Mot. for Summ. Disp., at 1. On January 11, 2018, the ALJ issued his Recommended Decision (R.D.). Therein, the ALJ found that there was no dispute over the material fact that Respondent lacks authority to dispense controlled substances in Pennsylvania. Id. at 5-6. The ALJ thus granted the Government's Motion for Summary Disposition and recommended that Respondent's registration be revoked. Id. Neither party filed exceptions to the Recommended Decision. On February 6, 2018, the ALJ forwarded the record to my Office. Having reviewed the record, I hold that this proceeding is now moot. The evidence in the record establishes that Respondent's registration was due to expire on February 28, 2018, and according to the Agency's registration record for Respondent of which I take official notice,\1\ he has not submitted an application to renew his registration. Accordingly, I find that Respondent's registration expired on February 28, 2018 and that there is no application to act upon. --------------------------------------------------------------------------- \1\ Under the Administrative Procedure Act (APA), an agency ``may take official notice of facts at any stage in a proceeding-- even in the final decision.'' U.S. Dept. of Justice, Attorney General's Manual on the Administrative Procedure Act 80 (1947) (Wm. W. Gaunt & Sons, Inc., Reprint 1979). In accordance with the APA and DEA's regulations, Respondent is ``entitled on timely request to an opportunity to show to the contrary.'' 5 U.S.C. 556(e); see also 21 CFR 1316.59(e). To allow Respondent the opportunity to refute the facts of which I take official notice, Respondent may file a motion for reconsideration within fifteen calendar days of service of this order which shall commence on the date this order is mailed. --------------------------------------------------------------------------- DEA has long held that `` `if a registrant has not submitted a timely renewal application prior to the expiration date, then the registration expires and there is nothing to revoke.' '' Donald Brooks Reece II, M.D., 77 FR 35054, 35055 (2012) (quoting Ronald J. Riegel, 63 FR 67312, 67133 (1998)); see also Thomas E. Mitchell, 76 FR 20032, 20033 (2011). ``Moreover, in the absence of an application (whether timely filed or not), there is nothing to act upon.'' Reece, 77 FR at 35055. Accordingly, because Respondent has allowed his registration to expire and did not file an application to renew his registration or for any other registration in Pennsylvania, this case is now moot and will be dismissed. 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 Donald K. Shreves, D.V.M., be, and it hereby is, dismissed. This Order is effective immediately. Dated: May 7, 2018. Robert W. Patterson, Acting Administrator. [FR Doc. 2018-10305 Filed 5-14-18; 8:45 am] BILLING CODE 4410-09-P
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The company plans to import the The Show Cause Order notified Accordingly, I find that Respondent’s
other listed controlled substances for Respondent of his right to request a registration expired on February 28,
internal reference standards use only. hearing or to submit a written statement 2018 and that there is no application to
The comparisons of foreign reference while waiving his right to a hearing, the act upon.
standards to the company’s procedure for electing either option, and DEA has long held that ‘‘ ‘if a
domestically manufactured API will the consequence of failing to elect either registrant has not submitted a timely
allow the company to export option. Id. at 2 (citing 21 CFR 1301.43). renewal application prior to the
domestically manufactured API to The Order also notified Respondent of expiration date, then the registration
foreign markets. his right to submit a corrective action expires and there is nothing to
Dated: April 25, 2018. plan. Id. at 2–3 (citing 21 U.S.C. revoke.’ ’’ Donald Brooks Reece II, M.D.,
824(c)(2)(C)). 77 FR 35054, 35055 (2012) (quoting
Susan A. Gibson,
On November 8, 2017, Respondent Ronald J. Riegel, 63 FR 67312, 67133
Deputy Assistant Administrator. was personally served with the Show (1998)); see also Thomas E. Mitchell, 76
[FR Doc. 2018–10302 Filed 5–14–18; 8:45 am] Cause Order, and on December 8, 2018, FR 20032, 20033 (2011). ‘‘Moreover, in
BILLING CODE 4410–09–P Respondent requested a hearing. Resp. the absence of an application (whether
Hrng. Req. at 1. The matter was placed timely filed or not), there is nothing to
on the docket of the Office of act upon.’’ Reece, 77 FR at 35055.
DEPARTMENT OF JUSTICE Administrative Law Judges and assigned Accordingly, because Respondent has
to ALJ Charles Wm. Dorman, who, on allowed his registration to expire and
Drug Enforcement Administration December 11, 2017, issued an order did not file an application to renew his
setting the briefing schedule. See registration or for any other registration
[No. 18–12] Briefing Schedule for Lack of State in Pennsylvania, this case is now moot
Authority Allegations, at 1. and will be dismissed.
Donald Kenneth Shreves, D.V.M.; On January 4, 2018, the Government
Dismissal of Proceeding submitted a Motion for Summary Order
On October 31, 2017, the Acting Disposition; as support for its motion, Pursuant to the authority vested in me
Assistant Administrator, Diversion the Government attached a copy of the by 21 U.S.C. 824(a), as well as 28 CFR
Control Division, issued an Order to Board’s Suspension Order and a 0.100(b), I order that the Order to Show
Show Cause to Donald Kenneth Declaration of a DEA Task Force Office Cause issued to Donald K. Shreves,
Shreves, D.V.M. (Respondent), of that Respondent’s Veterinary License D.V.M., be, and it hereby is, dismissed.
remained suspended as of January 2, This Order is effective immediately.
Pottstown, Pennsylvania. The Show
2017, when she queried the Board’s
Cause Order proposed the revocation of Dated: May 7, 2018.
website. Mot. for Summ. Disp.,
Respondent’s Certificate of Registration Robert W. Patterson,
Attachments 3; 5; 6, at 2. On January 10,
on the ground that he does ‘‘not have Acting Administrator.
2018, Respondent filed his reply and
authority to handle controlled
admitted that he was currently without [FR Doc. 2018–10305 Filed 5–14–18; 8:45 am]
substances in the State of Pennsylvania,
authority to handle controlled BILLING CODE 4410–09–P
the [S]tate in which [he is] registered
substances in Pennsylvania. Resp.’s
with the’’ Agency. Show Cause Order, at
Reply to Govt. Mot. for Summ. Disp., at
1.
1. DEPARTMENT OF JUSTICE
With respect to the Agency’s On January 11, 2018, the ALJ issued
jurisdiction, the Show Cause Order his Recommended Decision (R.D.). Drug Enforcement Administration
alleged that Respondent is registered ‘‘as Therein, the ALJ found that there was
a practitioner in [s]chedules II–V under no dispute over the material fact that [Docket No. DEA–392]
. . . registration number BS5342934,’’ at Respondent lacks authority to dispense
the location of ‘‘1361C Farmington Ave., controlled substances in Pennsylvania. Bulk Manufacturer of Controlled
Pottstown, Pennsylvania.’’ Id. The Order Id. at 5–6. The ALJ thus granted the Substances Registration
further alleged that Respondent’s Government’s Motion for Summary
registration was due to expire on Disposition and recommended that ACTION: Notice of registration.
February 28, 2018. Id. Respondent’s registration be revoked.
As the substantive ground for the Id. SUMMARY: Registrants listed below have
proceeding, the Show Cause Order Neither party filed exceptions to the applied for and been granted
alleged that on September 28, 2017, the Recommended Decision. On February 6, registration by the Drug Enforcement
Pennsylvania Board of Veterinary 2018, the ALJ forwarded the record to Administration (DEA) as bulk
Medicine ‘‘issued an Order of my Office. manufacturers of various classes of
Temporary Suspension’’ of his Having reviewed the record, I hold schedule I and II controlled substances.
veterinary medicine license. Id. at 1–2. that this proceeding is now moot. The SUPPLEMENTARY INFORMATION: The
The Order alleged that as a consequence evidence in the record establishes that companies listed below applied to be
of the Board’s action, Respondent is Respondent’s registration was due to registered as bulk manufacturers of
currently ‘‘without to handle controlled expire on February 28, 2018, and various basic classes of controlled
substances in . . . Pennsylvania, the according to the Agency’s registration substances. Information on previously
[S]tate in which’’ he is registered, and record for Respondent of which I take published notices is listed in the table
daltland on DSKBBV9HB2PROD with NOTICES
therefore, his registration should be official notice,1 he has not submitted an below. No comments or objections were
revoked. Id. at 2. application to renew his registration. submitted for these notices.
1 Under the Administrative Procedure Act (APA), W. Gaunt & Sons, Inc., Reprint 1979). In accordance opportunity to refute the facts of which I take
an agency ‘‘may take official notice of facts at any with the APA and DEA’s regulations, Respondent official notice, Respondent may file a motion for
stage in a proceeding—even in the final decision.’’ is ‘‘entitled on timely request to an opportunity to reconsideration within fifteen calendar days of
U.S. Dept. of Justice, Attorney General’s Manual on show to the contrary.’’ 5 U.S.C. 556(e); see also 21 service of this order which shall commence on the
the Administrative Procedure Act 80 (1947) (Wm. CFR 1316.59(e). To allow Respondent the date this order is mailed.
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Document Created: 2018-05-15 00:33:54
Document Modified: 2018-05-15 00:33:54
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| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 83 FR 22518 |
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