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Mark C. Evans, D.D.S.; Revocation of Registration
FR Doc E6-9708 [Federal Register: June 21, 2006 (Volume 71, Number
119)] [Notices] [Page 35704-35705] From the Federal Register Online via
GPO Access [wais.access.gpo.gov] [DOCID:fr21jn06-140]
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Mark C. Evans, D.D.S.; Revocation of Registration
Procedural History
On June 24, 2004, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Mark C. Evans, D.D.S. (Respondent). The Show
Cause Order proposed the revocation of Respondent's DEA Certificate of
Registration, BE3323932, under 21
U.S.C. 824(a)(3), and to deny any pending applications for renewal
or modification of that registration pursuant to 21
U.S.C. 823(f). As grounds for the action, the Show Cause Order
alleged that the Dental Board of California had revoked Dr. Evans's
state dental license, and as a result, he was without state
authorization to handle controlled substances in that state. The Show
Cause Order notified Dr. Evans that should no request for a hearing be
filed within 30 days, his hearing right would be deemed waived.
On July 2, 2004, the Show Cause Order was sent by certified mail to
Dr. Evans at his registered location in Palm Desert, California. On that
same date, a second copy of the Show Cause Order was sent by certified
mail to Dr. Evans at a second location in La Quinta, California. Both
copies were subsequently returned to DEA unclaimed. DEA subsequently
attempted to send the Show Cause Order to Dr. Evans at two additional
locations in Palm Desert, as well as a location in Vancouver,
Washington. On each occasion, the orders were returned unclaimed. As of
this date, DEA has not received a request for a hearing, or any other
reply from Dr. Evans or anyone purporting to represent him in this
matter.
Therefore, the Deputy Administrator, finding that (1) thirty days
have passed since the attempted delivery of the Show Cause Order to the
registrant's addresses of record, as well as to several additional
addresses, and (2) that no request for a hearing has been received,
concludes that Dr. Evans has waived his hearing right. See David W.
Linder, 67 FR 12579 (2002). After considering material from the
investigative file in this matter, the Deputy Administrator now enters
this final order without a hearing pursuant to 21
CFR 1301.43(d) and (e), and Sec.
1301.46.
Discussion
The Deputy Administrator finds that Dr. Evans is currently registered
with DEA as a practitioner authorized to handle controlled substances in
Schedules II through V. According to information in the investigative
file, DEA was notified by the Dental Board of California (the Dental
Board) that Dr. Evans's state dental license was revoked effective
December 18, 2002. This information is corroborated by a Default
Decision and Order of the Dental Board, which is included in the
investigative file. There is no evidence before the Deputy Administrator
that Dr. Evans's California dental license has been reinstated or that
the Dental Board's revocation order has been vacated. Therefore, the
Deputy Administrator finds that because Dr. Evans is currently not
authorized to practice dentistry in California, he is not authorized to
handle controlled substances in that state.
DEA does not have statutory authority under the Controlled Substances
Act to issue or maintain a registration if the applicant or registrant
is without state authority to handle controlled substances in the state
in which he practices dentistry. See 21
U.S.C. 802(21), 823(f)
and 824(a)(3). This prerequisite
has been consistently applied. See James Marvin Goodrich, M.D., 70 FR
24619 (2005); Dominick A. Ricci, M.D., 58 FR 51104 (1993); Bobby Watts,
M.D., 53 FR 11919 (1988).
[[Page 35705]]
Here, it is clear that Dr. Evans's dental license has been revoked
and the revocation order has not been vacated. Consequently, Dr. Evans
is not licensed to handle controlled substances in California, the
jurisdiction in which he is registered with DEA. Therefore, he is not
entitled to maintain that registration.
Order
The Deputy Administrator of the Drug Enforcement Administration,
pursuant to the authority vested in her by 21 U.S.C. 823 and 824 and 28
CFR 0.100(b) and 0.104, hereby orders that DEA Certificate of
Registration, BE3323932, issued to Mark C. Evans, D.D.S, be, and it
hereby is, revoked. The Deputy Administrator further orders that any
pending applications for renewal or modification of the aforementioned
registration be, and they hereby are, denied. This order is effective
July 21, 2006.
Dated: June 12, 2006.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E6-9708 Filed 6-20-06; 8:45 am]
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