John E. McCrae d/b/a J & H Wholesale; Denial of Application

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Justice Drug Enforcement Administration On December 8, 2003, the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration (DEA), issued an Order to Show Cause to John E. McCrae d/b/a J & H (J & H) prosing to deny its application executed on April 29, 2003, for DEA Certificate of Registration as a distributor of list I chemicals. The Order to Show Cause alleged that granting the application of J & H would be inconsistent with the public interest as that term is used in 21 U.S.C. 823(h) and 824(a) . The Order to Show Cause also notified J & H that should no request for a hearing be filed within 30 days, its hearing right would be deemed waived. According to the DEA investigative file, the Order to Show Cause was sent by certified mail to J & H at its address of record in Middleburg, Florida and was received on behalf of the firm on December 16, 2003. Nevertheless, DEA has not received a request for hearing or any other reply from J & H, or anyone purporting to represent the company in this matter. Therefore, the Deputy Administrator of DEA, finding that (1) thirty days having passed since the delivery of the Order to Show Cause to the applicant's address of record, and (2) not request for hearing having been received, concludes that J & H has waived its hearing right. See Aqui Enterprises, 67 FR 12576 (2002). After considering relevant material from the investigative file in this matter, the Deputy Ad…