62968 Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Notices 

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. 

23Respondent’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. 

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 

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 

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 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. 

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 

mstockstill on DSK4VPTVN1PROD with NOTICES