83 FR 51982 - Phillip O. Rawlings, Jr., M.D.; Decision and Order
DEPARTMENT OF JUSTICE
Drug Enforcement Administration Federal Register Volume 83, Issue 199 (October 15, 2018)
Drug Enforcement Administration
Federal Register Volume 83, Issue 199 (October 15, 2018)
| Page Range | 51982-51983 | |
| FR Document | 2018-22421 |
[Federal Register Volume 83, Number 199 (Monday, October 15, 2018)] [Notices] [Pages 51982-51983] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-22421] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Drug Enforcement Administration Phillip O. Rawlings, Jr., M.D.; Decision and Order On March 8, 2018, the Acting Assistant Administrator, Diversion Control Division, Drug Enforcement Administration (DEA), issued an Order to Show Cause to Phillip O. Rawlings, Jr., M.D. (Registrant), of Mobile, Alabama. The Show Cause Order proposed the revocation of Registrant's DEA Certificate of Registration No. FR0024997 on the ground that he has ``no state authority to handle controlled substances.'' Order to Show Cause, Government Exhibit (GX) 8, at 1 (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. Regarding the Agency's jurisdiction, the Show Cause Order alleged that Registrant holds DEA Certificate of Registration No. FR0024997, pursuant to which he is authorized to dispense controlled substances as a practitioner in schedules II through V at the registered address of Providence Family Physicians, 8833 Cottage Hill Road, Mobile, Alabama. Id. The Order also alleged that this registration was set to expire by its terms on April 30, 2018. Id. The substantive ground for the proceeding set forth in the Show Cause Order is that Registrant is ``currently without authority to practice medicine or handle controlled substances in the State of Alabama, the state in which [he is] registered with the DEA'' because Registrant's Alabama Medical License and Alabama Controlled Substances Certificate have been in ``Inactive-By Request'' status since December 31, 2016 . Id. As a consequence, the Order alleged that ``DEA must revoke your DEA registration.'' Id. at 2. The Show Cause Order notified Registrant of his right to request a hearing on the allegations or to submit a written statement in lieu of a hearing, the procedures for electing each option, and the consequences for failing to elect either option. Id. (citing 21 CFR 1301.43). The Order also notified Registrant of the opportunity to submit a corrective action plan. Id. at 2-3 (citing 21 U.S.C. 824(c)(2)(C)). On April 26, 2018, my office received the Government's Second Request for Final Agency Action (SRFAA) \1\ describing Diversion Investigators' attempts to serve the Show Cause Order and seeking a final order revoking Registrant's registration. SRFAA, at 2, 6. The Government also submitted a Certification of Registration History, which was sworn to on December 28, 2017 by the Associate Chief of the Registration and Program Support Section. GX 1. In that Certification, she stated that DEA Registration No. FR0024997 ``expires on April 30, 2018.'' Id. at 1. The Associate Chief further stated that ``Phillip O. Rawlings, Jr., M.D., has no other pending or valid DEA registration(s) in Alabama.'' Id. According to the Agency's current registration records for Registrant, of which I take official notice,\2\ DEA Registration No. FR0024997 expired on April 30, 2018, and he has not submitted an application to renew his registration or for any other registration in the State of Alabama. Thus, I find that Registrant's registration expired on April 30, 2018, and that there is no application upon which to act.\3\ --------------------------------------------------------------------------- \1\ On January 10, 2018, the Government submitted a Request for Final Agency Action seeking to revoke Registrant's same DEA registration based on an October 31, 2017 Order to Show Cause. GX 6. In that Request, the Government represented that Registrant did not request a hearing and ``ha[d] not otherwise corresponded or communicated with DEA regarding the Order served on him . . . within 30 days of receipt of the Order.'' Id. at 1-2. However, on February 6, 2018, the then-Acting Administrator issued an Order noting that, ``although the Government is clearly in possession of information suggesting that Registrant now lives in California, it has offered no explanation for why it did not attempt to obtain Registrant's address from the Board of Medical Examiners and serve Registrant at that address.'' GX 7, at 1. As a result, the then-Administrator denied the Government's Request for Final Agency Action without prejudice. Id. at 2. See also SRFAA, at 1-2. By that time, the December 26, 2017 hearing date listed in the 2017 Show Cause Order had passed. SRFAA, at 2 n.1. As a result, the Agency issued the pending Show Cause Order on March 8, 2018, with a new hearing date of April 24, 2018. Id.; GX 8, at 1. It is this new Show Cause Order for which the Government now seeks final agency action. \2\ 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. \3\ As already noted, my Office received the Government's Second Request for Final Agency Action on April 26, 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 (April 26, 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. 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.''). --------------------------------------------------------------------------- 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 Greg N. Rampey, D.O., 83 FR [[Page 51983]] 42696, 42697 (2018). ``Moreover, in the absence of an application (whether timely filed or not), there is nothing to act upon.'' Reece, 77 FR at 35055, Rampey, 83 FR at 42697. Accordingly, because Registrant has allowed his registration to expire and has not filed an application to renew his registration or for any other registration in Alabama, this case is now moot and will be dismissed. Order Pursuant to 28 CFR 0.100(b) and the authority thus vested in me by 21 U.S.C. 824(a), I order that the Order to Show Cause issued to Phillip O. Rawlings, Jr., M.D., be, and it hereby is, dismissed. This Order is effective immediately. Dated: September 26, 2018. Uttam Dhillon, Acting Administrator. [FR Doc. 2018-22421 Filed 10-12-18; 8:45 am] BILLING CODE 4410-09-P
![51982 Federal Register / Vol. 83, No. 199 / Monday, October 15, 2018 / Notices
(except for exportation), and soliciting any applications for any other DEA The Government also submitted a
U.S. agents or distributors for, non- registrations.’’ Id. Certification of Registration History,
volatile memory device and products Regarding the Agency’s jurisdiction, which was sworn to on December 28,
containing same covered by claim 6 of the Show Cause Order alleged that 2017 by the Associate Chief of the
the ’602 patent. Registrant holds DEA Certificate of Registration and Program Support
The Commission has also determined Registration No. FR0024997, pursuant to Section. GX 1. In that Certification, she
that the public interest factors which he is authorized to dispense stated that DEA Registration No.
enumerated in section 337(d) and (f) (19 controlled substances as a practitioner FR0024997 ‘‘expires on April 30, 2018.’’
U.S.C. 1337(d) and (f)) do not preclude in schedules II through V at the Id. at 1. The Associate Chief further
issuance of the limited exclusion order registered address of Providence Family stated that ‘‘Phillip O. Rawlings, Jr.,
or cease and desist orders. Finally, the Physicians, 8833 Cottage Hill Road, M.D., has no other pending or valid
Commission has determined that a bond Mobile, Alabama. Id. The Order also DEA registration(s) in Alabama.’’ Id.
in the amount of 100 percent of entered alleged that this registration was set to According to the Agency’s current
value for Toshiba flash memory devices, expire by its terms on April 30, 2018. Id. registration records for Registrant, of
solid-state drives, USB flash drives, and The substantive ground for the which I take official notice,2 DEA
microcontroller units; and a bond in the proceeding set forth in the Show Cause Registration No. FR0024997 expired on
amount of six percent of entered value Order is that Registrant is ‘‘currently April 30, 2018, and he has not
for Toshiba personal computers, multi- without authority to practice medicine submitted an application to renew his
function printers, and air conditioners is or handle controlled substances in the registration or for any other registration
required to permit temporary State of Alabama, the state in which [he in the State of Alabama. Thus, I find
importation during the period of is] registered with the DEA’’ because that Registrant’s registration expired on
Presidential review (19 U.S.C. 1337(j)) Registrant’s Alabama Medical License April 30, 2018, and that there is no
of products that are subject to the and Alabama Controlled Substances application upon which to act.3
remedial orders. The Commission’s Certificate have been in ‘‘Inactive-By DEA has long held that ‘‘ ‘if a
orders and opinion were delivered to Request’’ status since December 31, registrant has not submitted a timely
the President and to the United States 2016 . Id. As a consequence, the Order renewal application prior to the
Trade Representative on the day of their alleged that ‘‘DEA must revoke your expiration date, then the registration
issuance. DEA registration.’’ Id. at 2. expires and there is nothing to revoke.’ ’’
The Show Cause Order notified Donald Brooks Reece II, M.D., 77 FR
The authority for the Commission’s
Registrant of his right to request a 35054, 35055 (2012) (quoting Ronald J.
determination is contained in section
hearing on the allegations or to submit Riegel, 63 FR 67312, 67133 (1998)); see
337 of the Tariff Act of 1930, as
a written statement in lieu of a hearing, also Greg N. Rampey, D.O., 83 FR
amended (19 U.S.C. 1337), and in Part
the procedures for electing each option,
210 of the Commission’s Rules of
and the consequences for failing to elect 2 Under the Administrative Procedure Act (APA),
Practice and Procedure (19 CFR part
either option. Id. (citing 21 CFR an agency ‘‘may take official notice of facts at any
210). stage in a proceeding—even in the final decision.’’
1301.43). The Order also notified
By order of the Commission. U.S. Dept. of Justice, Attorney General’s Manual on
Registrant of the opportunity to submit the Administrative Procedure Act 80 (1947) (Wm.
Issued: October 9, 2018 a corrective action plan. Id. at 2–3 W. Gaunt & Sons, Inc., Reprint 1979). In accordance
Katherine Hiner, (citing 21 U.S.C. 824(c)(2)(C)). with the APA and DEA’s regulations, Registrant is
Supervisory Attorney. On April 26, 2018, my office received ‘‘entitled on timely request to an opportunity to
show to the contrary.’’ 5 U.S.C. 556(e); see also 21
[FR Doc. 2018–22325 Filed 10–12–18; 8:45 am] the Government’s Second Request for CFR 1316.59(e). To allow Registrant the opportunity
BILLING CODE 7020–02–P
Final Agency Action (SRFAA) 1 to refute the facts of which I take official notice,
describing Diversion Investigators’ Registrant may file a motion for reconsideration
attempts to serve the Show Cause Order within 15 calendar days of service of this order
which shall commence on the date this order is
and seeking a final order revoking
DEPARTMENT OF JUSTICE Registrant’s registration. SRFAA, at 2, 6.
mailed.
3 As already noted, my Office received the
Drug Enforcement Administration Government’s Second Request for Final Agency
1 On January 10, 2018, the Government submitted Action on April 26, 2018. This filing arrived in my
a Request for Final Agency Action seeking to revoke office too late for me to issue a final decision and
Phillip O. Rawlings, Jr., M.D.; Decision Registrant’s same DEA registration based on an order before the registration would expire on April
and Order October 31, 2017 Order to Show Cause. GX 6. In 30, 2018. DEA regulation 21 CFR 1316.67 requires
that Request, the Government represented that that I issue a final order that takes effect not less
On March 8, 2018, the Acting Registrant did not request a hearing and ‘‘ha[d] not than 30 days from the date of publication in the
Assistant Administrator, Diversion otherwise corresponded or communicated with Federal Register unless the public interest
Control Division, Drug Enforcement DEA regarding the Order served on him . . . within necessitates an earlier effective date. The record
30 days of receipt of the Order.’’ Id. at 1–2. before me fails to include facts supporting a finding
Administration (DEA), issued an Order However, on February 6, 2018, the then-Acting that ‘‘the public interest in the matter necessitates
to Show Cause to Phillip O. Rawlings, Administrator issued an Order noting that, an earlier effective date.’’ 21 CFR 1316.67. Thus,
Jr., M.D. (Registrant), of Mobile, ‘‘although the Government is clearly in possession even if I had submitted a final order in this case
Alabama. The Show Cause Order of information suggesting that Registrant now lives to the Federal Register on the same day (April 26,
in California, it has offered no explanation for why 2018) that my office received the SRFAA to revoke
proposed the revocation of Registrant’s it did not attempt to obtain Registrant’s address Registrant’s registration, I could not have issued an
DEA Certificate of Registration No. from the Board of Medical Examiners and serve order that would have taken effect by April 30, 2018
FR0024997 on the ground that he has Registrant at that address.’’ GX 7, at 1. As a result, because the Federal Register would not have been
‘‘no state authority to handle controlled the then-Administrator denied the Government’s able to publish it 30 days before the registration’s
khammond on DSK30JT082PROD with NOTICES
Request for Final Agency Action without prejudice. April 30, 2018 expiration. And as the Agency has
substances.’’ Order to Show Cause, Id. at 2. See also SRFAA, at 1–2. By that time, the previously noted, there is no point in issuing a
Government Exhibit (GX) 8, at 1 (citing December 26, 2017 hearing date listed in the 2017 ruling on a Show Cause Order where, as here, that
21 U.S.C. 824(a)(3)). For the same Show Cause Order had passed. SRFAA, at 2 n.1. As ruling would constitute an advisory opinion subject
reason, the Order also proposed the a result, the Agency issued the pending Show Cause to vacation on judicial review. See, e.g., Josip Pasic,
Order on March 8, 2018, with a new hearing date M.D., 82 FR 24146, 24147 (2017) (‘‘As the requested
denial of any of Registrant’s of April 24, 2018. Id.; GX 8, at 1. It is this new Show factual findings and legal conclusions would be
‘‘applications for renewal or Cause Order for which the Government now seeks subject to vacation on judicial review, there is no
modification of such registration and final agency action. point in making them.’’).
VerDate Sep<11>2014 21:34 Oct 12, 2018 Jkt 247001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.SGM 15OCN1](https://thefederalregister.org/doc/83_FR_52181/page/1.svg)
![Federal Register / Vol. 83, No. 199 / Monday, October 15, 2018 / Notices 51983
42696, 42697 (2018). ‘‘Moreover, in the Dated: September 26, 2018. registration by the Drug Enforcement
absence of an application (whether Uttam Dhillon, Administration (DEA) as importers of
timely filed or not), there is nothing to Acting Administrator. various classes of schedule I or II
act upon.’’ Reece, 77 FR at 35055, [FR Doc. 2018–22421 Filed 10–12–18; 8:45 am] controlled substances.
Rampey, 83 FR at 42697. Accordingly, BILLING CODE 4410–09–P
because Registrant has allowed his SUPPLEMENTARY INFORMATION: The
registration to expire and has not filed company listed below applied to be
an application to renew his registration DEPARTMENT OF JUSTICE registered as an importer of various
or for any other registration in Alabama, basic classes of controlled substances.
this case is now moot and will be Drug Enforcement Administration Information on previously published
dismissed. notices is listed in the table below. No
[Docket No. DEA–392]
comments or objections were submitted
Order
Importer of Controlled Substances and no requests for hearing were
Pursuant to 28 CFR 0.100(b) and the submitted for these notices.
Registration
authority thus vested in me by 21 U.S.C.
824(a), I order that the Order to Show ACTION: Notice of registration.
Cause issued to Phillip O. Rawlings, Jr.,
M.D., be, and it hereby is, dismissed. SUMMARY: Registrant listed below have
This Order is effective immediately. applied for and been granted
Company FR Docket Published
Galephar Pharmaceutical Research Inc ................................. 83 FR 37525 .......................................................................... August 1, 2018.
The Drug Enforcement DATES: Registered bulk manufacturers of Administrator of the DEA Diversion
Administration (DEA) has considered the affected basic classes, and Control Division (‘‘Assistant
the factors in 21 U.S.C. 823, 952(a) and applicants therefore, may file written Administrator’’) pursuant to section 7 of
958(a) and determined that the comments on or objections to the 28 CFR part 0, appendix to subpart R.
registration of the listed registrant to issuance of the proposed registration on In accordance with 21 CFR
import the applicable basic classes of or before November 14, 2018. Such 1301.34(a), this is notice that on July 16,
schedule I or II controlled substances is persons may also file a written request 2018, Cambrex High Point Inc., 4180
consistent with the public interest and for a hearing on the application on or Mendenhall Oaks Parkway, High Point,
with United States obligations under before November 14, 2018. North Carolina 27265–8017 applied to
international treaties, conventions, or ADDRESSES: Written comments should be registered as an importer of the
protocols in effect on May 1, 1971. The be sent to: Drug Enforcement following basic classes of controlled
DEA investigated the company’s Administration, Attention: DEA Federal substances:
maintenance of effective controls Register Representative/DPW, 8701
against diversion by inspecting and Controlled Drug
Morrissette Drive, Springfield, Virginia substance code Schedule
testing each company’s physical 22152. All requests for hearing must be
security systems, verifying the sent to: Drug Enforcement Amphetamine ................... 1100 II
company’s compliance with state and Administration, Attn: Administrator, Codeine ............................ 9050 II
local laws, and reviewing the company’s 8701 Morrissette Drive, Springfield, Oxymorphone ................... 9652 II
background and history. Virginia 22152. All requests for hearing Noroxymorphone .............. 9668 II
Therefore, pursuant to 21 U.S.C. should also be sent to: (1) Drug
952(a) and 958(a), and in accordance Enforcement Administration, Attn: The company plans to manufacture
with 21 CFR 1301.34, the DEA has Hearing Clerk/LJ, 8701 Morrissette the above listed controlled substances in
granted a registration as an importer for Drive, Springfield, Virginia 22152; and bulk for distribution to its customers.
schedule I or II controlled substance to (2) Drug Enforcement Administration, Dated: October 1, 2018.
the above listed company. Attn: DEA Federal Register John J. Martin,
Dated: September 24, 2018. Representative/DPW, 8701 Morrissette Assistant Administrator.
Drive, Springfield, Virginia 22152. [FR Doc. 2018–22416 Filed 10–12–18; 8:45 am]
John J. Martin,
Assistant Administrator. SUPPLEMENTARY INFORMATION: The BILLING CODE 4410–09–P
[FR Doc. 2018–22420 Filed 10–12–18; 8:45 am]
Attorney General has delegated his
authority under the Controlled
BILLING CODE 4410–09–P
Substances Act to the Administrator of DEPARTMENT OF JUSTICE
the Drug Enforcement Administration
(DEA), 28 CFR 0.100(b). Authority to Drug Enforcement Administration
DEPARTMENT OF JUSTICE
exercise all necessary functions with [Docket No. DEA–392]
Drug Enforcement Administration respect to the promulgation and
implementation of 21 CFR part 1301,
khammond on DSK30JT082PROD with NOTICES
Bulk Manufacturer of Controlled
incident to the registration of Substances Application: Specgx, LLC
[Docket No. DEA–392]
manufacturers, distributors, dispensers,
Importer of Controlled Substances importers, and exporters of controlled ACTION: Notice of application.
Application: Cambrex High Point, Inc. substances (other than final orders in
connection with suspension, denial, or DATES: Registered bulk manufacturers of
revocation of registration) has been the affected basic classes, and
ACTION: Notice of application.
redelegated to the Assistant applicants therefore, may file written
VerDate Sep<11>2014 21:34 Oct 12, 2018 Jkt 247001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.SGM 15OCN1](https://thefederalregister.org/doc/83_FR_52181/page/2.svg)
Document Created: 2018-10-13 10:04:12
Document Modified: 2018-10-13 10:04:12
| 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 51982 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR