Meeting of the Compact Council for the National Crime Prevention and Privacy Compact, 59517 [2014-23463]
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Federal Register / Vol. 79, No. 191 / Thursday, October 2, 2014 / Notices
it does not include A.G.’s criminal history in
any other jurisdiction. [Resp’t Exh. 1]. Again,
the Government has proved by a
preponderance of the evidence that the
Respondent violated DEA regulations.
Thus, the burden of production now shifts
to the Respondent to demonstrate that it
takes full responsibility for its unlawful
conduct and that it has put in place remedial
measures so that such violations will not
happen in the future. Medicine Shoppe, 73
Fed. Reg. at 387 (quoting Samuel S. Jackson,
72 FR 23,848, 23,853 (DEA 2007)) (holding
that a registrant must ‘‘present sufficient
mitigating evidence to assure the
Administrator that [it] can be entrusted with
the responsibility carried by such a
registration’’); Leo R. Miller, 53 Fed. Reg.
21,931, 21,932 (DEA 1988).
On direct examination, Mr. Lekwa took full
responsibility for any misconduct
attributable to the Respondent. However, on
cross examination, Mr. Lekwa presented
testimony inconsistent with other testimony
in the record. First, he denied that A.G., at
the time of his employment interview, told
him about his felony conviction for
distribution of crack cocaine. A.G. testified to
the contrary. Further, DI Ramirez testified
that, in July of 2013, she had told Mr. Lekwa
about A.G.’s felony conviction, yet Mr.
Lekwa denied having this conversation with
DI Ramirez. Rather, Mr. Lekwa testified that
he had a conversation in September 2013
with DI Ramirez’s supervisor. That was when
he first learned of the felony conviction, he
asserted.
Next, Mr. Lekwa seemed to deny that there
was any misconduct when the prescription
containing both controlled substance and
non-controlled substance entries, as well as
a notation of ‘‘all or none,’’ was filled by only
distributing the controlled substance. Rather,
Mr. Lekwa testified that he had contacted the
doctor and received permission to fill the
prescription in that manner. Yet the record
contains no evidence of this verification
action. This inconsistent testimony certainly
calls into question Mr. Lekwa’s genuine
remorse for the misconduct proved by the
Government.
As for remedial measures, the record
contains unrefuted evidence that Mr. Lekwa
fired A.G. in September of 2013. Also, Mr.
Lekwa testified that he now trains each
employee on the procedures to follow in
filling a controlled substance prescription.
He announced that there was a training
manual to help with this training. However,
on cross examination Mr. Lekwa stated that
the manual was the one the franchise
company provided. Although he kept the
manual current, there is no evidence that he
altered procedures to come into compliance
with legal requirements. Rather, Mr. Lekwa
testified that the manual was not deficient,
but the implementation of the manual
provisions was lacking prior to the Order to
Show Cause being served. Arguably, this new
training would be a meaningful remedial
measure. But the record contains no excerpts
from the manual to bolster the adequacy of
this training.
Next, Mr. Lekwa testified that when he
receives a prescription containing a ‘‘drug
cocktail,’’ he now requires the physician to
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17:04 Oct 01, 2014
Jkt 235001
fax to him confirmation of the diagnosis that
resulted in this kind of prescribing.
Unfortunately, the record contains no
evidence that this procedure has been
successfully implemented.
V. CONCLUSION AND
RECOMMENDATION
Given the extent of the misconduct and the
unreliability of the testimony concerning the
acceptance of responsibility, I conclude that
the Respondent’s registration should be
revoked. Accordingly, that is my
recommendation based on this record.
Dated: March 24, 2014
Gail A. Randall
Administrative Law Judge
[FR Doc. 2014–23473 Filed 10–1–14; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
Meeting of the Compact Council for the
National Crime Prevention and Privacy
Compact
Federal Bureau of
Investigation, DOJ.
ACTION: Meeting notice.
AGENCY:
The purpose of this notice is
to announce a meeting of the National
Crime Prevention and Privacy Compact
Council (Council) created by the
National Crime Prevention and Privacy
Compact Act of 1998 (Compact). Thus
far, the Federal Government and 30
states are parties to the Compact which
governs the exchange of criminal history
records for licensing, employment, and
similar purposes. The Compact also
provides a legal framework for the
establishment of a cooperative federalstate system to exchange such records.
The United States Attorney General
appointed 15 persons from state and
federal agencies to serve on the Council.
The Council will prescribe system rules
and procedures for the effective and
proper operation of the Interstate
Identification Index system for
noncriminal justice purposes.
Matters for discussion are expected to
include:
(1) Civil Fingerprint Image Quality
Pilot Program Update
(2) Changes to the Security and
Management Control Outsourcing
Standards for Channelers and NonChannelers
(3) National Crime Prevention and
Privacy Compact Ratification—
Discussion of Ideas to Assist Nonparty
States
The meeting will be open to the
public on a first-come, first-seated basis.
Any member of the public wishing to
file a written statement with the Council
or wishing to address this session of the
SUMMARY:
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
59517
Council should notify the Federal
Bureau Of Investigation (FBI) Compact
Officer, Mr. Gary S. Barron at (304) 625–
2803, at least 24 hours prior to the start
of the session. The notification should
contain the individual’s name and
corporate designation, consumer
affiliation, or government designation,
along with a short statement describing
the topic to be addressed and the time
needed for the presentation. Individuals
will ordinarily be allowed up to 15
minutes to present a topic.
DATES: The Council will meet in open
session from 9 a.m. until 5 p.m., on
November 5–6, 2014.
ADDRESSES: The meeting will take place
at the Sheraton Atlanta Hotel, 165
Courtland Street NE., Atlanta, Georgia,
telephone (404) 659–6500.
FOR FURTHER INFORMATION CONTACT:
Inquiries may be addressed to Mr. Gary
S. Barron, FBI Compact Officer, Module
D3, 1000 Custer Hollow Road,
Clarksburg, West Virginia 26306,
telephone (304) 625–2803, facsimile
(304) 625–2868.
Dated: September 23, 2014.
Gary S. Barron,
FBI Compact Officer, Criminal Justice
Information Services Division, Federal Bureau
of Investigation.
[FR Doc. 2014–23463 Filed 10–1–14; 8:45 am]
BILLING CODE 4410–02–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Investigations Regarding Eligibility to
Apply for Worker Adjustment
Assistance
Petitions have been filed with the
Secretary of Labor under Section 221 (a)
of the Trade Act of 1974 (‘‘the Act’’) and
are identified in the Appendix to this
notice. Upon receipt of these petitions,
the Director of the Office of Trade
Adjustment Assistance, Employment
and Training Administration, has
instituted investigations pursuant to
Section 221 (a) of the Act.
The purpose of each of the
investigations is to determine whether
the workers are eligible to apply for
adjustment assistance under Title II,
Chapter 2, of the Act. The investigations
will further relate, as appropriate, to the
determination of the date on which total
or partial separations began or
threatened to begin and the subdivision
of the firm involved.
The petitioners or any other persons
showing a substantial interest in the
subject matter of the investigations may
E:\FR\FM\02OCN1.SGM
02OCN1
]]>Agencies
[Federal Register Volume 79, Number 191 (Thursday, October 2, 2014)]
[Notices]
[Page 59517]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23463]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
Meeting of the Compact Council for the National Crime Prevention
and Privacy Compact
AGENCY: Federal Bureau of Investigation, DOJ.
ACTION: Meeting notice.
-----------------------------------------------------------------------
SUMMARY: The purpose of this notice is to announce a meeting of the
National Crime Prevention and Privacy Compact Council (Council) created
by the National Crime Prevention and Privacy Compact Act of 1998
(Compact). Thus far, the Federal Government and 30 states are parties
to the Compact which governs the exchange of criminal history records
for licensing, employment, and similar purposes. The Compact also
provides a legal framework for the establishment of a cooperative
federal-state system to exchange such records.
The United States Attorney General appointed 15 persons from state
and federal agencies to serve on the Council. The Council will
prescribe system rules and procedures for the effective and proper
operation of the Interstate Identification Index system for noncriminal
justice purposes.
Matters for discussion are expected to include:
(1) Civil Fingerprint Image Quality Pilot Program Update
(2) Changes to the Security and Management Control Outsourcing
Standards for Channelers and Non-Channelers
(3) National Crime Prevention and Privacy Compact Ratification--
Discussion of Ideas to Assist Nonparty States
The meeting will be open to the public on a first-come, first-
seated basis. Any member of the public wishing to file a written
statement with the Council or wishing to address this session of the
Council should notify the Federal Bureau Of Investigation (FBI) Compact
Officer, Mr. Gary S. Barron at (304) 625-2803, at least 24 hours prior
to the start of the session. The notification should contain the
individual's name and corporate designation, consumer affiliation, or
government designation, along with a short statement describing the
topic to be addressed and the time needed for the presentation.
Individuals will ordinarily be allowed up to 15 minutes to present a
topic.
DATES: The Council will meet in open session from 9 a.m. until 5 p.m.,
on November 5-6, 2014.
ADDRESSES: The meeting will take place at the Sheraton Atlanta Hotel,
165 Courtland Street NE., Atlanta, Georgia, telephone (404) 659-6500.
FOR FURTHER INFORMATION CONTACT: Inquiries may be addressed to Mr. Gary
S. Barron, FBI Compact Officer, Module D3, 1000 Custer Hollow Road,
Clarksburg, West Virginia 26306, telephone (304) 625-2803, facsimile
(304) 625-2868.
Dated: September 23, 2014.
Gary S. Barron,
FBI Compact Officer, Criminal Justice Information Services Division,
Federal Bureau of Investigation.
[FR Doc. 2014-23463 Filed 10-1-14; 8:45 am]
BILLING CODE 4410-02-P
