Muhamad Aly Rifai, 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 November 30, 2023, the Drug Enforcement Administration (DEA or Government) issued an Order to Show Cause (OSC) to Muhamad Aly Rifai, M.D. (Respondent). Request for Final Agency Action (RFAA), Exhibit (RFAAX) 3, at 1, 7. The OSC proposed the revocation of Respondent's DEA Certificate of Registration, No. BR7552272, in Easton, Pennsylvania. Id. at 3. The OSC alleged that Respondent's registration should be revoked because his “continued registration is inconsistent with the public interest.” Id. at 1 (citing 21 U.S.C. 823(g)(1) ). The OSC also proposed the revocation of Respondent's registration, alleging that the “falsification of patient medical records to conceal the unlawful prescribing of controlled substances may be considered by the Agency as conduct that threatens the public health or safety and grounds to revoke or deny a DEA Registration.” Id. at 3. A. Procedural Background On December 28, 2023, Respondent filed a timely hearing request with the Office of the Administrative Law Judges (ALJs). Id. at 2; see RFAAX 25, at 17-19. A hearing on the merits was initially scheduled for April 29, 2024. RFAAX 5, at 5. After some lengthy procedural exchanges between the parties and the ALJ, [ 1 ] the matter was terminated because the ALJ found that Respondent “desires delay, during which time he can continue to prescribe schedule II controlled substances despite very serious all…