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28580 Federal Register / Vol. 70, No.

95 / Wednesday, May 18, 2005 / Notices

DEA does not have statutory authority handle controlled substances in Department of Consumer Affairs, State
under the Controlled Substances Act to California, the state in which she is of California (Board) issued a Decision
issue or maintain a registration if the registered. revoking Dr. Rygiel’s Physician and
applicant or registrant is without state In a letter dated October 6, 2004, Surgeon’s Certificate. In that Decision,
authority to handle controlled through her counsel, Dr. Rygiel timely the Board adopted a February 13, 2004,
substances in the state in which he requested a hearing in this matter. In Proposed Decision of a California
conducts business. See 21 U.S.C. that letter she admitted the California Administrative Law Judge which
802(21), 823(f) and 824(a)(3). this Medical Board had revoked her license recommended revocation of Dr. Rygiel’s
prerequisite has been consistently but argued that decision was being medical license on certain enumerated
upheld. See Stephen J. Graham, M.D., reviewed by the Superior Court of grounds.
69 FR 11,661 (2004); Dominick A. Ricci, California, County of San Diego. There is no evidence in the record
M.D., 58 FR 51104 (1993); Bobby Watts, On October 13, 2004, the government indicating the Board’s Decision has been
M.D., 53 FR 11,919 (1988). Revocation filed a Motion for Summary Disposition, stayed or set aside by judicial action,
is also appropriate when a State license requesting that Administrative Law rescinded by the Board or that Dr.
has been suspended, but with Judge Gail A. Randall (Judge Randall) Rygiel’s license has been reinstated.
possibility of future reinstatement. See summarily dismiss the action, arguing Therefore, the Deputy Administrator
Alton E. Ingram, Jr., M.D., 69 FR 22,562 that Dr. Rygiel lacked state authority to finds that Dr. Rygiel is currently not
(2004); Ann Lazar Thorn, M.D., 62 FR handle controlled substances in licensed to practice medicine in
847 (1997) California. On October 14, 2004, Judge California and, as a result, it is
Here, it is clear Dr. Goobermen is not Randall issued an Order staying reasonable to infer that she is also
currently licensed to handle controlled proceedings and affording Dr. Rygiel an without authorization to handle
substances in Pennsylvania, where he opportunity to respond to the controlled substances in that state.
seeks registration with DEA. Therefore, Government’s motion. Dr. Rygiel then DEA does not have statutory authority
he is not entitled to such a registration. filed a Motion for Further Stay of under the Controlled Substances Act to
Accordingly, the Deputy Proceedings and Opposition to issue or maintain a registration if the
Administrator of the Drug Enforcement Government’s Motion for Summary applicant or registrant is without state
Administration, pursuant to the Adjudication and Alternatively, Motion authority to handle controlled
authority vested in her by 21 U.S.C. 823 for Stay of Judgment (Response). In that substances in the state in which she
and 824 and 28 CFR 0.100(b) and 0.104, Response Dr. Rygiel acknowledged she conducts business. See 21 U.S.C.
hereby orders that the pending was currently without state authority to 802(21), 823(f) and 824(a)(3). This
application of Lance L. Gooberman, practice medicine in California but prerequisite has been consistently
M.D., for registration be, and it hereby argued the DEA hearing should be upheld. See Gabriel Sagun Orzame,
stayed until the San Diego Superior M.D., 69 FR 58959 (2004); Dominick A.
is, denied. This order is effective June
Court had issued an anticipated Ricci, M.D., 58 FR 51104 (1993); Bobby
17, 2005.
decision in her favor. Watts, M.D., 53 FR 11919 (1988).
Dated: May 9, 2005. On November 22, 2004, Judge Randall Here, it is clear that Dr. Rygiel is not
Michele M. Leonhart, issued her Order, Opinion and currently authorized to handle
Deputy Administrator. Recommended Decision of the controlled substances in California,
[FR Doc. 05–9834 Filed 5–17–05; 8:45 am] Administrative Law Judge (Opinion and where she is registered with DEA.
Recommended Decision). As part of her Therefore, she is not entitled to
recommended ruling, Judge Randall maintain that registration. Accordingly,
granted the Government’s Motion for the Deputy Administrator of the Drug
DEPARTMENT OF JUSTICE Summary Disposition, finding Dr. Enforcement Administration, pursuant
Rygiel lacked authorization to handle to the authority vested in her by 21
Drug Enforcement Administration controlled substances in California, the U.S.C. 823 and 824 and 28 CFR 0.100(b)
[Docket No. 05–01]
jurisdiction in which she is registered. and 0.104, hereby orders that DEA
Judge Randall recommended that Dr. Certificate of Registration, BK4222179,
Katarzyna Rygiel, M.D.; Revocation of Rygiel’s DEA registration be revoked. No issued to Katarzyna Rygiel, M.D., be,
Registration exceptions were filed by either party to and it hereby is, revoked. The Deputy
the Opinion and Recommended Administrator further orders that any
On September 3, 2004, the Deputy Decision and on January 11, 2005, the pending applications for renewal or
Assistant Administrator, Office of record of these proceedings was modification of such registration be, and
Diversion Control, Drug Enforcement transmitted to the Office of the DEA they hereby are, denied. This order is
Administration (DEA), issued an Order Deputy Administrator. effective June 17, 2005.
to Show Cause to Katarzyna Rygiel, The Deputy Administrator has
M.D. (Dr. Rygiel) of San Diego, considered the record in its entirety and Dated: May 9, 2005.
California, notifying her of an pursuant to 21 CFR 1316.67, hereby Michele M. Leonhart,
opportunity to show cause as to why issues her final order based upon Deputy Administrator.
DEA should not revoke her DEA findings of fact and conclusions of law [FR Doc. 05–9837 Filed 5–17–05; 8:45 am]
Certificate of Registration BK4222179, as hereinafter set forth. The Deputy BILLING CODE 4410–09–M
as a practitioner, pursuant to 21 U.S.C. Administrator adopts, in full, the
824(a)(3) and deny any pending Opinion and Recommended Decision of
applications for renewal of that the Administrative Law Judge. DEPARTMENT OF JUSTICE
registration pursuant to 21 U.S.C. 823(f). The Deputy Administrator finds that
As the basis for revocation, the Order to Dr. Rygiel holds DEA Certificate of Drug Enforcement Administration
Show Cause alleged that Dr. Rygiel’s Registration, BK4222179. The Deputy
Rebecca Sotelo Denial of Registration
license to practice medicine in Administrator further finds that on
California had been revoked and March 16, 2004, the Division of Medical On October 6, 2004, the Deputy
accordingly, she was not authorized to Quality, Medical Board of California, Assistant Administrator, Office of

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