Investigations Regarding Eligibility to Apply for Worker Adjustment Assistance, 59517-59518 [2014-23481]
Download as PDF
tkelley on DSK3SPTVN1PROD with NOTICES
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
VerDate Sep<11>2014
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
59518
Federal Register / Vol. 79, No. 191 / Thursday, October 2, 2014 / Notices
request a public hearing, provided such
request is filed in writing with the
Director, Office of Trade Adjustment
Assistance, at the address shown below,
not later than October 14, 2014.
Interested persons are invited to
submit written comments regarding the
subject matter of the investigations to
the Director, Office of Trade Adjustment
Assistance, at the address shown below,
not later than October 14, 2014.
The petitions filed in this case are
available for inspection at the Office of
the Director, Office of Trade Adjustment
Assistance, Employment and Training
Administration, U.S. Department of
Labor, Room N–5428, 200 Constitution
Avenue NW., Washington, DC 20210.
Signed at Washington, DC this 18th day of
September 2014.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment
Assistance.
APPENDIX
[18 TAA petitions instituted between 9/8/14 and 9/12/14]
TA–W
Subject firm
(petitioners)
Location
85518 ............
85519 ............
Scherer & Trier (State/One-Stop) ...................
New England Paper Tube Co., Inc. (Company).
Swisher International, Inc. (Company) ...........
Civco Medical Solutions (State/One-Stop) .....
II–VI Marlow (Company) .................................
Katzkin Leather, Inc. (State/One-Stop) ...........
Sunspring America, Inc. (Company) ...............
Amgen Inc. (State/One-Stop) .........................
Finck Cigar Co. (Workers) ..............................
Syncreon Technology America, Inc. (Company).
Boston Scientific Corporation (State/OneStop).
SANYO Manufacturing Corp (Company) ........
Shure Inc. (Workers) .......................................
Regal Beloit (Company) ..................................
Pacific Interpreters (State/One-Stop) ..............
Modine Manufacturing (State/One-Stop) ........
Pendleton Grain Growers, Inc. (State/OneStop).
UTI Integrated Logistics LLC (Workers) .........
Saline, MI ........................................................
Pawtucket, RI ..................................................
09/08/14
09/08/14
09/05/14
09/02/14
Jacksonville, FL ..............................................
Kalona, IA .......................................................
Dallas, TX .......................................................
Montebello, CA ...............................................
Henderson, KY ................................................
Thousand Oaks, CA .......................................
San Antonio, TX ..............................................
Allentown, PA ..................................................
09/09/14
09/09/14
09/09/14
09/09/14
09/10/14
09/10/14
09/10/14
09/11/14
09/08/14
09/08/14
09/08/14
09/08/14
08/19/14
08/19/14
08/25/14
09/10/14
San Clemente, CA ..........................................
09/11/14
09/10/14
Forrest City, AR ..............................................
El Paso, TX .....................................................
Springfield, MO ...............................................
Portland, OR ...................................................
Ringwood, IL ...................................................
Hermiston, OR ................................................
09/11/14
09/11/14
09/11/14
09/12/14
09/12/14
09/12/14
09/10/14
09/10/14
09/10/14
09/11/14
09/11/14
09/11/14
El Paso, TX .....................................................
09/12/14
09/04/14
85520
85521
85522
85523
85524
85525
85526
85527
............
............
............
............
............
............
............
............
85528 ............
85529
85530
85531
85532
85533
85534
............
............
............
............
............
............
85535 ............
[FR Doc. 2014–23481 Filed 10–1–14; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–83,321]
tkelley on DSK3SPTVN1PROD with NOTICES
LATA Environmental Services Of
Kentucky, LLC, A Wholly Owned
Subsidiary of Los Alamos Technical
Associates, Inc., Including On-Site
Leased Workers From Babcock &
Wilcox Technical Services Group and
S.M. Stoller Corporation, Kevil,
Kentucky; Amended Certification
Regarding Eligibility To Apply for
Worker Adjustment Assistance
In accordance with Section 223 of the
Trade Act of 1974, as amended (‘‘Act’’),
19 U.S.C. 2273, the Department of Labor
issued a Certification of Eligibility to
Apply for Worker Adjustment
Assistance on June 11, 2014, applicable
to workers of LATA Environmental
Services of Kentucky, LLC, a wholly
owned subsidiary of Los Alamos
Technical Associates, Inc., Kevil,
Kentucky. The Department’s notice of
VerDate Sep<11>2014
17:04 Oct 01, 2014
Jkt 235001
determination was published in the
Federal Register on June 30, 2014 (79
FR 36827).
At the request of a former worker, the
Department reviewed the certification
for workers of the subject firm and the
allegation that the worker group
included on-site leased workers. The
subject firm confirmed that workers
leased from Babcock & Wilcox
Technical Services Group and S.M.
Stoller Corporation were employed onsite at the subject firm. The workers
were engaged in environmental
remediation services. The Department
has determined that these workers were
sufficiently under the control of the
subject firm to be considered leased
workers.
Based on these findings, the
Department is amending this
certification to include workers leased
from Babcock & Wilcox Technical
Services Group and S.M. Stoller
Corporation working on-site at LATA
Environmental Services of Kentucky,
LLC, a wholly owned subsidiary of Los
Alamos Technical Associates, Inc.,
Kevil, Kentucky.
The amended notice applicable to
TA–W–83,321 is hereby issued as
follows:
PO 00000
Frm 00046
Fmt 4703
Sfmt 9990
Date of
institution
Date of
petition
‘‘All workers of Babcock & Wilcox Technical
Services Group and S.M. Stoller Corporation,
reporting to LATA Environmental Services of
Kentucky, LLC, a wholly owned subsidiary of
Los Alamos Technical Associates, Inc., Kevil,
Kentucky, who became totally or partially
separated from employment on or after
December 20, 2012 through June 11, 2016,
and all workers in the group threatened with
total or partial separation from employment
on the date of certification through two years
from the date of certification, are eligible to
apply for adjustment assistance under
Chapter 2 of Title II of the Trade Act of 1974,
as amended.’’
Signed in Washington, DC this 10th day of
September, 2014.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2014–23483 Filed 10–1–14; 8:45 am]
BILLING CODE 4510–FN–P
E:\FR\FM\02OCN1.SGM
02OCN1
Agencies
[Federal Register Volume 79, Number 191 (Thursday, October 2, 2014)]
[Notices]
[Pages 59517-59518]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23481]
=======================================================================
-----------------------------------------------------------------------
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
[[Page 59518]]
request a public hearing, provided such request is filed in writing
with the Director, Office of Trade Adjustment Assistance, at the
address shown below, not later than October 14, 2014.
Interested persons are invited to submit written comments regarding
the subject matter of the investigations to the Director, Office of
Trade Adjustment Assistance, at the address shown below, not later than
October 14, 2014.
The petitions filed in this case are available for inspection at
the Office of the Director, Office of Trade Adjustment Assistance,
Employment and Training Administration, U.S. Department of Labor, Room
N-5428, 200 Constitution Avenue NW., Washington, DC 20210.
Signed at Washington, DC this 18th day of September 2014.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance.
Appendix
[18 TAA petitions instituted between 9/8/14 and 9/12/14]
----------------------------------------------------------------------------------------------------------------
Date of Date of
TA-W Subject firm (petitioners) Location institution petition
----------------------------------------------------------------------------------------------------------------
85518.................. Scherer & Trier (State/One- Saline, MI................ 09/08/14 09/05/14
Stop).
85519.................. New England Paper Tube Co., Pawtucket, RI............. 09/08/14 09/02/14
Inc. (Company).
85520.................. Swisher International, Inc. Jacksonville, FL.......... 09/09/14 09/08/14
(Company).
85521.................. Civco Medical Solutions Kalona, IA................ 09/09/14 09/08/14
(State/One-Stop).
85522.................. II-VI Marlow (Company)..... Dallas, TX................ 09/09/14 09/08/14
85523.................. Katzkin Leather, Inc. Montebello, CA............ 09/09/14 09/08/14
(State/One-Stop).
85524.................. Sunspring America, Inc. Henderson, KY............. 09/10/14 08/19/14
(Company).
85525.................. Amgen Inc. (State/One-Stop) Thousand Oaks, CA......... 09/10/14 08/19/14
85526.................. Finck Cigar Co. (Workers).. San Antonio, TX........... 09/10/14 08/25/14
85527.................. Syncreon Technology Allentown, PA............. 09/11/14 09/10/14
America, Inc. (Company).
85528.................. Boston Scientific San Clemente, CA.......... 09/11/14 09/10/14
Corporation (State/One-
Stop).
85529.................. SANYO Manufacturing Corp Forrest City, AR.......... 09/11/14 09/10/14
(Company).
85530.................. Shure Inc. (Workers)....... El Paso, TX............... 09/11/14 09/10/14
85531.................. Regal Beloit (Company)..... Springfield, MO........... 09/11/14 09/10/14
85532.................. Pacific Interpreters (State/ Portland, OR.............. 09/12/14 09/11/14
One-Stop).
85533.................. Modine Manufacturing (State/ Ringwood, IL.............. 09/12/14 09/11/14
One-Stop).
85534.................. Pendleton Grain Growers, Hermiston, OR............. 09/12/14 09/11/14
Inc. (State/One-Stop).
85535.................. UTI Integrated Logistics El Paso, TX............... 09/12/14 09/04/14
LLC (Workers).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2014-23481 Filed 10-1-14; 8:45 am]
BILLING CODE 4510-FN-P