Meeting of the CJIS Advisory Policy Board, 62968 [2014-24966]
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Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Notices
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my nurse practitioners.’’ 22 [Tr. 197]. In
short, Respondent blamed other
physicians, the DEA, and his own staff
for his current predicament rather than
take the responsibility himself.
Respondent also minimized the
severity of his misconduct by suggesting
that he thinks the requirements for
prescribing Phentermine are too strict.
For example, Respondent testified in
these proceedings and at his criminal
trial, ‘‘I mean, you can get a tummy
tuck, a facelift, whatever you want, but
you can’t get a—you can’t get a diet pill.
Come on.’’ [Tr. 193; see also Tr. 198–99;
Gov’t Exh. 11 at 115]. In his criminal
trial, Respondent testified, ‘‘You can get
phentermine over the internet from
Canada. Nurses can write for it. It’s a
Schedule IV drug like cough syrup. I
mean, it’s so safe. The addiction
potential is so low.’’ [Gov’t Exh. 11 at
119]. Additionally, Respondent testified
in his criminal trial that BMI
measurements are ‘‘worthless.’’ [Tr. 216;
Gov’t Exh. 11 at 117]. In other words,
rather than acknowledging his faults,
Respondent opted to criticize the
standards put in place by the medical
community, the Board, and the DEA.
I also find it significant that Dr. Van
Craig, the executive director of the
Board, remembered Respondent as
being ‘‘angry with the Board for
disciplining him’’ and felt that
Respondent believed he had received
‘‘rather harsh treatment from the Board
because of what he was doing.’’ [Tr. 60,
61; see also Tr. 66]. Indeed,
Respondent’s demeanor described by
Dr. Van Craig is consistent with the
hostile tone Respondent took during the
hearings in these proceedings.23
The above-noted examples do not
reflect someone who feels remorse for
his misconduct or understands the
gravity of his mistakes. Rather, they
illustrate that Respondent takes no
responsibility for his actions, blames
others for his improper prescribing
methods, and disagrees with the rules
regarding the dispensing of
Phentermine. Additionally, other than a
22 I note that immediately following this remark,
Respondent purported to take responsibility by
saying, ‘‘Although, I’m responsible, so I take the
cold blame for them myself.’’ [Tr. 197]. In context,
however, I find this acceptance of responsibility to
be disingenuous; he made this statement only after
clearly placing blame on someone else.
23 Respondent’s counsel, at the hearing, suggested
that Respondent’s ‘‘loud and obnoxious’’ tone is a
result of his hearing impairment rather than his lack
of remorse or hostility toward the Board or the DEA.
[Tr. 66]. During the hearing in these proceedings,
I certainly noticed that Respondent’s hearing
disability affected him. [E.g., Tr. 225, 226]. But
Respondent’s hearing did not appear to be what
motivated his tone or his statements, discussed
supra, which gave cause for concern regarding his
remorse and acceptance of responsibility.
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promise to comply with the Board’s
order to refrain from treating weight loss
patients, Respondent has offered no
evidence of remedial measures he has
taken to ensure that future violations
will not occur. As such, I find that
Respondent has not taken responsibility
for his misconduct and therefore has
failed to rebut the Government’s prima
facie case.
VI. CONCLUSION AND
RECOMMENDATION
Because the Government met its
burden to prove that Respondent’s
registration would be inconsistent with
the public interest, and because
Respondent failed to rebut the
Government’s case, I recommend that
the Deputy Administrator deny
Respondent’s application.
Dated: April 16, 2014
s/Gail A. Randall,
Administrative Law Judge
CERTIFICATE OF SERVICE
This is to certify that the undersigned,
on llllll, 2013, caused a copy of
the foregoing to be faxed and placed in
the interoffice mail addressed to DEA
Headquarters, Attn: Office of Chief
Counsel/Michelle Gillice, Esq., 8701
Morrissette Drive, Springfield, VA
22152, Fax: (202) 307–4946, and a copy
to be faxed and mailed to Respondent’s
Counsel, Rodney A. Ray, Esq., P. O. Box
1018, Columbus, MS 39703, Fax: (662)
329–3522.
Carlene R. Thomas,
Secretary to The Honorable Gail A. Randall
[FR Doc. 2014–25025 Filed 10–20–14; 8:45 am]
BILLING CODE 4410–09–P
The APB will meet in
open session from 8:30 a.m. until 5
p.m., on December 3–4, 2014.
DATES AND TIMES:
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
Meeting of the CJIS Advisory Policy
Board
Federal Bureau of Investigation
(FBI), DOJ.
ACTION: Meeting notice.
AGENCY:
The purpose of this notice is
to announce the meeting of the Federal
Bureau of Investigation’s Criminal
Justice Information Services (CJIS)
Advisory Policy Board (APB). The FBI
CJIS APB is a federal advisory
committee established pursuant to the
Federal Advisory Committee Act
(FACA). This meeting announcement is
being published as required by Section
10 of the FACA.
The FBI CJIS APB is responsible for
reviewing policy issues and appropriate
technical and operational issues related
SUMMARY:
PO 00000
Frm 00029
Fmt 4703
to the programs administered by the
FBI’s CJIS Division, and thereafter,
making appropriate recommendations to
the FBI Director. The programs
administered by the CJIS Division are
the Next Generation Identification,
Interstate Identification Index, Law
Enforcement Enterprise Portal, National
Crime Information Center, National
Instant Criminal Background Check
System, National Incident-Based
Reporting System, National Data
Exchange, and Uniform Crime
Reporting.
This meeting is open to the public.
All attendees will be required to checkin at the meeting registration desk.
Registrations will be accepted on a
space available basis. Interested persons
whose registrations have been accepted
may be permitted to participate in the
discussions at the discretion of the
meeting chairman and with approval of
the Designated Federal Officer (DFO).
Any member of the public may file a
written statement with the Board.
Written comments shall be focused on
the APB’s current issues under
discussion and may not be repetitive of
previously submitted written
statements. Written comments should
be provided to Mr. R. Scott Trent, DFO,
at least seven (7) days in advance of the
meeting so that the comments may be
made available to the APB for their
consideration prior to the meeting.
Anyone requiring special
accommodations should notify Mr.
Trent at least seven (7) days in advance
of the meeting.
Sfmt 9990
The meeting will take place
at Hyatt Regency Jacksonville, 225 E.
Coastline Drive, Jacksonville, Florida,
32202, telephone (904) 588–1234.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Inquiries may be addressed to Ms.
Skeeter J. Murray; Management and
Program Analyst; CJIS Training and
Advisory Process Unit, Resources
Management Section; FBI CJIS Division,
Module C2, 1000 Custer Hollow Road,
Clarksburg, West Virginia 26306–0149;
telephone (304) 625–3518, facsimile
(304) 625–5090.
Dated: October 14, 2014.
R. Scott Trent,
CJIS Designated Federal Officer, Criminal
Justice Information Services Division, Federal
Bureau of Investigation.
[FR Doc. 2014–24966 Filed 10–20–14; 8:45 am]
BILLING CODE 4410–02–P
E:\FR\FM\21OCN1.SGM
21OCN1
]]>Agencies
[Federal Register Volume 79, Number 203 (Tuesday, October 21, 2014)]
[Notices]
[Page 62968]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24966]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
Meeting of the CJIS Advisory Policy Board
AGENCY: Federal Bureau of Investigation (FBI), DOJ.
ACTION: Meeting notice.
-----------------------------------------------------------------------
SUMMARY: The purpose of this notice is to announce the meeting of the
Federal Bureau of Investigation's Criminal Justice Information Services
(CJIS) Advisory Policy Board (APB). The FBI CJIS APB is a federal
advisory committee established pursuant to the Federal Advisory
Committee Act (FACA). This meeting announcement is being published as
required by Section 10 of the FACA.
The FBI CJIS APB is responsible for reviewing policy issues and
appropriate technical and operational issues related to the programs
administered by the FBI's CJIS Division, and thereafter, making
appropriate recommendations to the FBI Director. The programs
administered by the CJIS Division are the Next Generation
Identification, Interstate Identification Index, Law Enforcement
Enterprise Portal, National Crime Information Center, National Instant
Criminal Background Check System, National Incident-Based Reporting
System, National Data Exchange, and Uniform Crime Reporting.
This meeting is open to the public. All attendees will be required
to check-in at the meeting registration desk. Registrations will be
accepted on a space available basis. Interested persons whose
registrations have been accepted may be permitted to participate in the
discussions at the discretion of the meeting chairman and with approval
of the Designated Federal Officer (DFO). Any member of the public may
file a written statement with the Board. Written comments shall be
focused on the APB's current issues under discussion and may not be
repetitive of previously submitted written statements. Written comments
should be provided to Mr. R. Scott Trent, DFO, at least seven (7) days
in advance of the meeting so that the comments may be made available to
the APB for their consideration prior to the meeting.
Anyone requiring special accommodations should notify Mr. Trent at
least seven (7) days in advance of the meeting.
DATES AND TIMES: The APB will meet in open session from 8:30 a.m. until
5 p.m., on December 3-4, 2014.
ADDRESSES: The meeting will take place at Hyatt Regency Jacksonville,
225 E. Coastline Drive, Jacksonville, Florida, 32202, telephone (904)
588-1234.
FOR FURTHER INFORMATION CONTACT: Inquiries may be addressed to Ms.
Skeeter J. Murray; Management and Program Analyst; CJIS Training and
Advisory Process Unit, Resources Management Section; FBI CJIS Division,
Module C2, 1000 Custer Hollow Road, Clarksburg, West Virginia 26306-
0149; telephone (304) 625-3518, facsimile (304) 625-5090.
Dated: October 14, 2014.
R. Scott Trent,
CJIS Designated Federal Officer, Criminal Justice Information Services
Division, Federal Bureau of Investigation.
[FR Doc. 2014-24966 Filed 10-20-14; 8:45 am]
BILLING CODE 4410-02-P
