Volusia Wholesale; Denial of Registration

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 July 23, 2004, the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration (DEA), issued an Order to Show Cause to Volusia Wholesale (Volusia) proposing to deny its December 12, 2003, application for DEA Certificate of Registration as a distributor of list I chemicals. The Order to Show Cause alleged that granting Volusia's application would be inconsistent with the public interest, as that term is used in 21 U.S.C. 823(h) . The order also notified Volusia 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 Volusia at its then-proposed registered location at 917 Daytona Avenue, Daytona Beach, Florida 32117. It was received on August 2, 2004, and DEA has not received a request for a hearing or any other reply from Volusia or anyone purporting to represent the company in this matter. Therefore, the Deputy Administrator of DEA, finding that (1) thirty days have passed since delivery of the Order to Show Cause, and (2) no request for a hearing having been received, concludes that Volusia has waived its hearing right. See Aqui Enterprises , 67 FR 12576 (2002). After considering relevant material from the investigative file, the Deputy Administrator now enters her final order without a hearing pursuant to 21 CFR 1309.53(c) and (d) and 1316.67 . …