Registrant Actions - 2012
[Federal Register Volume 77, Number 234 (Wednesday, December 5, 2012)]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29302]
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Amy S. Benjamin, N.P.; Decision and Order
On April 20, 2012, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration, issued an Order to
Show Cause to Amy S. Benjamin, N.P. (Respondent), of Wheeler,
Mississippi. The Show Cause Order proposed the revocation of
Respondent's DEA Certificate of Registration MB1536171, and the denial
of any pending applications to renew or modify the registration, on the
ground that Respondent lacks authority to handle controlled substances
in Mississippi, the State in which she is registered with the Agency.
Show Cause Order, at 1 (citing 21 U.S.C. 824(a)(3)). Specifically, the
Show Cause Order alleged that on June 10, 2011, the State of
Mississippi Board of Nursing issued a final order, which suspended her
nursing license, to include her authority to handle controlled
substances in the State. Id.
The Show Cause Order notified Registrant of her right to request a
hearing on the allegations, or in lieu of a hearing, to submit a
written statement regarding the matters of fact and law asserted
therein; the procedures for doing either; and the consequences for
failing to do either. Id. at 2 (citing 21 CFR 1301.43(a), (c), (d), &
(e)). The Show Cause Order was personally served on Registrant by
members of the DEA New Orleans Field Division-Oxford Resident Office on
April 23, 2012. GX 2, at 2; GX 6. Since the date of service of the Show
Cause Order, thirty days have now passed and neither Registrant, nor
anyone purporting to represent her, has requested a hearing or
submitted a written statement in lieu of a hearing. I therefore find
that Registrant has waived her right to a hearing or to submit a
written statement in lieu of a hearing. 21 CFR 1301.43(d).
I further find that Registrant's DEA registration was due to expire
on July 31, 2012, and that Registrant has failed to submit a renewal
application. See Gov. Notification of Registration Expiration, at Ex.
B. Therefore, I find that Registrant's registration expired on July 31,
It is well settled that "[i]f a registrant has not submitted a
timely renewal application prior to the expiration date, then the
registration expires and there is nothing to revoke." Ronald J.
Riegel, 63 FR 67132, 67133 (1998); see also William W. Nucklos, 73 FR
34330 (2008). Moreover, in the absence of an application (whether
timely filed or not), there is nothing to act upon. See Donald Brooks
Reece II, M.D., 77 FR 35054 (2012). Because Registrant's registration
has expired and there is no pending application to act upon, I conclude
that this case is now moot and will be dismissed.
Pursuant to the authority vested in me by 21 U.S.C. 823(f) and
824(a), as well as 28 CFR 0.100(b), I order that the Order to Show
Cause issued to Amy S. Benjamin, N.P., be, and it hereby is, dismissed.
Dated: November 16, 2012.
Michele M. Leonhart,
[FR Doc. 2012-29302 Filed 12-4-12; 8:45 am]
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