83 FR 42696 - Greg N. Rampey, D.O.; Dismissal of Proceedings

DEPARTMENT OF JUSTICE
Drug Enforcement Administration

Federal Register Volume 83, Issue 164 (August 23, 2018)

Page Range		42696-42697
FR Document		2018-18267
Federal Register, Volume 83 Issue 164 (Thursday, August 23, 2018)
[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)]
[Notices]
[Pages 42696-42697]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18267]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Greg N. Rampey, D.O.; Dismissal of Proceedings

    On October 27, 2017, the Acting Assistant Administrator, Diversion 
Control Division, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Greg N. Rampey, D.O. (Registrant), of Tulsa, 
Oklahoma. The Show Cause Order proposed the revocation of Registrant's 
DEA Certificate of Registration No. BR7006085 on the ground that he has 
``no state authority to handle controlled substances'' in the State of 
Oklahoma, the State in which he is registered with the DEA. Order to 
Show Cause, Government Exhibit (GX) 2, at 1, 2 (citing 21 U.S.C. 
824(a)(3)). For the same reason, the Order also proposed the denial of 
any of Registrant's ``applications for renewal or modification of such 
registration and any applications for any other DEA registrations.'' 
Id. at 1.
    With respect to the Agency's jurisdiction, the Show Cause Order 
alleged that Registrant is the holder of Certificate of Registration 
No. BR7006085, pursuant to which he is authorized to dispense 
controlled substances as a practitioner in schedules II through V, at 
the registered address of 8596 E. 101st, Ste. B, Tulsa, Oklahoma. Id. 
The Order also alleged that this registration does not expire until 
April 30, 2018. Id.
    As the substantive ground for the proceeding, the Show Cause Order 
alleged that ``on September 21, 2017, the Oklahoma State Board of 
Osteopathic Examiners cancelled [Registrant's] osteopathic medical 
license'' and his ``Oklahoma Bureau of Narcotics and Dangerous Drugs 
registration is inactive.'' Id. at 1-2. The Show Cause Order thus 
alleged that Registrant is ``currently without authority to practice 
medicine or handle controlled substances in the State of Oklahoma, the 
[S]tate in which [he is] registered with the DEA,'' and that, as a 
consequence, ``DEA must revoke'' his registration. Id. at 2.
    The Show Cause Order notified Registrant of (1) his right to 
request a hearing on the allegations or to submit a written statement 
in lieu of a hearing, (2) the procedure for electing either option, and 
(3) the consequence for failing to elect either option. Id. (citing 21 
CFR 1301.43). The Order also notified Registrant of his right to submit 
a corrective action plan. Id. at 2-3 (citing 21 U.S.C. 824(c)(2)(C)).
    According to an Affidavit of Service filed in this matter, on 
October 30, 2017, personnel from DEA's Office of Chief Counsel, 
Diversion and Regulatory Litigation Section, attempted to serve the 
Show Cause Order on the Registrant by regular first class mail 
addressed to the Registrant at his registered address. GX 6. The 
Government represents that its mailing was not returned as 
undeliverable. Id. On January 10, 2018, the Government submitted a 
Request for Final Agency Action (RFAA) representing that Registrant did 
not request a hearing and ``ha[d] not filed any written statement in 
lieu of a hearing'' within 30 days of service and seeking a final order 
revoking his registration. GX 7, at 2.
    On February 6, 2018, the then-Acting Administrator issued an Order 
noting that the Government's effort at service in this case was ``a 
departure from the Agency's traditional practice.'' GX 8. The Order 
further noted that ``the Government cites to no authority establishing 
that a sole effort of mailing by first class mail (with no evidence of 
delivery to the address) is sufficient to provide constitutionally 
adequate service for initiating a proceeding under the Due Process 
Clause.'' Id. As a result, the then-Acting Administrator directed the 
Government to either address why its effort was consistent with the Due 
Process Clause or to engage in additional reasonable efforts to serve 
Registrant. Id.
    On March 29, 2018, my office received the Government's Second 
Request for Final Agency Action (SRFAA) describing a Diversion 
Investigator's additional attempts to serve the Show Cause Order and 
again seeking a final order revoking Registrant's registration. SRFAA, 
at 2.

[[Page 42697]]

The Government also submitted a Certification of Registration History, 
which was sworn to on December 19, 2017. GX 1, at 3. In that 
Certification, the Associate Chief of the Registration and Program 
Support Section stated that DEA Registration No. BR7006085 ``expires on 
April 30, 2018.'' Id. at 1-2. The Associate Chief further stated that 
``Gre[g] N. Rampey, M.D., has no other pending or valid DEA 
registration(s) in Oklahoma.'' Id. at 3. Pursuant to 5 U.S.C. 556(e), I 
take official notice of Registrant's registration record with the 
Agency. See also 21 CFR 1316.59(e).\1\ According to that record, DEA 
Registration No. BR7006085 expired on April 30, 2018, and Registrant 
has not filed an application, whether timely or not, to renew his 
registration or for any other registration in the State of Oklahoma.\2\
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    \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, Registrant 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 Registrant the opportunity to refute the 
facts of which I take official notice, Registrant may file a motion 
for reconsideration within 15 calendar days of service of this order 
which shall commence on the date this order is mailed.
    \2\ As already noted, my office received the Government's Second 
Request for Final Agency Action on March 29, 2018. This filing 
arrived in my office too late for me to issue a final decision and 
order before the registration would expire on April 30, 2018. DEA 
regulation 21 CFR 1316.67 requires that I issue a final order that 
takes effect not less than 30 days from the date of publication in 
the Federal Register unless the public interest necessitates an 
earlier effective date. The record before me fails to include facts 
supporting a finding that ``the public interest in the matter 
necessitates an earlier effective date.'' 21 CFR 1316.67. Thus, even 
if I had submitted a final order in this case to the Federal 
Register on the same day (March 29, 2018) that my office received 
the SRFAA to revoke Registrant's registration, I could not have 
issued an order that would have taken effect by April 30, 2018 
because the Federal Register would not have been able to publish it 
30 days before the registration's April 30, 2018 expiration--i.e., 
by Saturday, March 31, 2018. And as the Agency has previously noted, 
there is no point in issuing a ruling on a Show Cause Order where, 
as here, that ruling would constitute an advisory opinion subject to 
vacation on judicial review. See, e.g., Josip Pasic, M.D., 82 FR 
24146, 24147 (2017) (``As the requested factual findings and legal 
conclusions would be subject to vacation on judicial review, there 
is no point in making them.'').
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    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 Registrant has allowed his registration to 
expire and has not filed any application for registration in Oklahoma, 
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 Greg 
N. Rampey, D.O., be, and it hereby is, dismissed. This Order is 
effective immediately.

    Dated: August 14, 2018.
Uttam Dhillon,
Acting Administrator.
[FR Doc. 2018-18267 Filed 8-22-18; 8:45 am]
 BILLING CODE 4410-09-P
42696 Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Notices

Dated: August 17, 2018. DEPARTMENT OF JUSTICE Administration (DEA) as importers of
Uttam Dhillon, various classes of schedule I or II
Acting Administrator. Drug Enforcement Administration controlled substances.
[FR Doc. 2018–18265 Filed 8–22–18; 8:45 am] [Docket No. DEA–392] SUPPLEMENTARY INFORMATION: The
BILLING CODE 4410–09–P companies listed below applied to be
Importer of Controlled Substances registered as importers of various basic
Registration classes of controlled substances.
ACTION: Notice of registration. Information on previously published
notices is listed in the table below. No
SUMMARY: Registrants listed below have comments or objections were submitted
applied for and been granted and no requests for hearing were
registration by the Drug Enforcement submitted for these notices.

Company FR docket Published

Fisher Clinical Services, Inc .......................................................................................... 83 FR 28663 ...................... June 20, 2018.
Unither Manufacturing LLC ............................................................................................ 83 FR 29136 ...................... June 22, 2018.

The Drug Enforcement ‘‘no state authority to handle controlled notified Registrant of his right to submit
Administration (DEA) has considered substances’’ in the State of Oklahoma, a corrective action plan. Id. at 2–3
the factors in 21 U.S.C. 823, 952(a) and the State in which he is registered with (citing 21 U.S.C. 824(c)(2)(C)).
958(a) and determined that the the DEA. Order to Show Cause, According to an Affidavit of Service
registration of the listed registrants to Government Exhibit (GX) 2, at 1, 2 filed in this matter, on October 30, 2017,
import the applicable basic classes of (citing 21 U.S.C. 824(a)(3)). For the same personnel from DEA’s Office of Chief
schedule I or II controlled substances is reason, the Order also proposed the Counsel, Diversion and Regulatory
consistent with the public interest and denial of any of Registrant’s Litigation Section, attempted to serve
with United States obligations under ‘‘applications for renewal or the Show Cause Order on the Registrant
international treaties, conventions, or modification of such registration and by regular first class mail addressed to
protocols in effect on May 1, 1971. The any applications for any other DEA the Registrant at his registered address.
DEA investigated each company’s registrations.’’ Id. at 1. GX 6. The Government represents that
maintenance of effective controls With respect to the Agency’s its mailing was not returned as
against diversion by inspecting and jurisdiction, the Show Cause Order undeliverable. Id. On January 10, 2018,
testing each company’s physical alleged that Registrant is the holder of the Government submitted a Request for
security systems, verifying each Certificate of Registration No. Final Agency Action (RFAA)
company’s compliance with state and BR7006085, pursuant to which he is representing that Registrant did not
local laws, and reviewing each authorized to dispense controlled request a hearing and ‘‘ha[d] not filed
company’s background and history. substances as a practitioner in schedules any written statement in lieu of a
Therefore, pursuant to 21 U.S.C. II through V, at the registered address of hearing’’ within 30 days of service and
952(a) and 958(a), and in accordance 8596 E. 101st, Ste. B, Tulsa, Oklahoma. seeking a final order revoking his
with 21 CFR 1301.34, the DEA has Id. The Order also alleged that this registration. GX 7, at 2.
granted a registration as an importer for registration does not expire until April On February 6, 2018, the then-Acting
schedule I or II controlled substances to 30, 2018. Id. Administrator issued an Order noting
the above listed companies. As the substantive ground for the that the Government’s effort at service
proceeding, the Show Cause Order in this case was ‘‘a departure from the
Dated: August 17, 2018.
alleged that ‘‘on September 21, 2017, the Agency’s traditional practice.’’ GX 8.
John J. Martin,
Oklahoma State Board of Osteopathic The Order further noted that ‘‘the
Assistant Administrator. Examiners cancelled [Registrant’s] Government cites to no authority
[FR Doc. 2018–18266 Filed 8–22–18; 8:45 am] osteopathic medical license’’ and his establishing that a sole effort of mailing
BILLING CODE 4410–09–P ‘‘Oklahoma Bureau of Narcotics and by first class mail (with no evidence of
Dangerous Drugs registration is delivery to the address) is sufficient to
inactive.’’ Id. at 1–2. The Show Cause provide constitutionally adequate
DEPARTMENT OF JUSTICE Order thus alleged that Registrant is service for initiating a proceeding under
‘‘currently without authority to practice the Due Process Clause.’’ Id. As a result,
Drug Enforcement Administration
medicine or handle controlled the then-Acting Administrator directed
Greg N. Rampey, D.O.; Dismissal of substances in the State of Oklahoma, the the Government to either address why
Proceedings [S]tate in which [he is] registered with its effort was consistent with the Due
the DEA,’’ and that, as a consequence, Process Clause or to engage in
On October 27, 2017, the Acting ‘‘DEA must revoke’’ his registration. Id. additional reasonable efforts to serve
Assistant Administrator, Diversion at 2. Registrant. Id.
Control Division, Drug Enforcement The Show Cause Order notified On March 29, 2018, my office
daltland on DSKBBV9HB2PROD with NOTICES

Administration (DEA), issued an Order Registrant of (1) his right to request a received the Government’s Second
to Show Cause to Greg N. Rampey, D.O. hearing on the allegations or to submit Request for Final Agency Action
(Registrant), of Tulsa, Oklahoma. The a written statement in lieu of a hearing, (SRFAA) describing a Diversion
Show Cause Order proposed the (2) the procedure for electing either Investigator’s additional attempts to
revocation of Registrant’s DEA option, and (3) the consequence for serve the Show Cause Order and again
Certificate of Registration No. failing to elect either option. Id. (citing seeking a final order revoking
BR7006085 on the ground that he has 21 CFR 1301.43). The Order also Registrant’s registration. SRFAA, at 2.

VerDate Sep<11>2014 19:43 Aug 22, 2018 Jkt 244001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\23AUN1.SGM 23AUN1
Document Created: 2018-08-23 00:33:33
Document Modified: 2018-08-23 00:33:33
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		83 FR 42696
83 FR 42696 - Greg N. Rampey, D.O.; Dismissal of Proceedings

DEPARTMENT OF JUSTICEDrug Enforcement Administration

Federal Register Volume 83, Issue 164 (August 23, 2018)

DEPARTMENT OF JUSTICE
Drug Enforcement Administration
