Andrew Konen, M.D.; Decision and Order

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 I. Introduction On August 12, 2024, the United States Department of Justice, Drug Enforcement Administration (DEA or Government) issued an Order to Show Cause (OSC) to Andrew Konen, M.D., of Dallas, Texas (Respondent). OSC, at 1. The OSC proposes the revocation of Respondent's DEA certificate of registration, BK4924139, (registration) on the ground that his “continued registration is inconsistent with the public interest.” Id. (citing 21 U.S.C. 824(a)(4) , in conjunction with 21 U.S.C. 823(g)(1) ). More specifically, the OSC alleges that Respondent issued “numerous prescriptions for Schedule II-IV controlled substances outside the course of professional practice and not for a legitimate medical purpose.” Id. at 3. Respondent timely requested a hearing, and the matter was assigned to an Administrative Law Judge (ALJ). Infra section II.D. After Respondent's failures to comply timely with the ALJ's scheduling Orders, and Respondent's failure to show good cause for his noncompliance, the ALJ terminated the proceedings after deeming that Respondent waived his right to a hearing and was in default. Id. The matter is before the Agency on the Government's Request for Final Agency Action (RFAA). After accessing and carefully analyzing the entire record, infra, the Agency finds substantial record evidence supporting the conclusion that Respondent is deemed to be in default because he “failed to . . . ot…