Jack A. Danton, D.O.; 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 [Docket No. 11-14] On June 17, 2011, Administrative Law Judge (ALJ) Gail A. Randall issued the attached recommended decision. [ 1 ] Thereafter, the Government filed exceptions to the ALJ's decision. Having considered the entire record and the Government's exceptions, I have decided to adopt the ALJ's decision except for her legal conclusions with respect to whether the Respondent issued prescriptions for controlled substances to several undercover officers and several of her findings under factor five. However, because I otherwise agree with the ALJ's findings as to the public interest factors, I adopt her ultimate conclusion that the Government has shown that “Respondent's continued registration would not be in the public's interest” and that the Respondent “has not accepted responsibility for all of her wrongdoing, nor has she adequately assured this tribunal of future compliance.” ALJ at 64. I will therefore order that Respondent's registration be revoked and that any pending application be denied. The Government's Exceptions The ALJ concluded that the Government failed to establish that Respondent's prescriptions to three undercover officers (UC) lacked a legitimate medical purpose. ALJ at 42-51; see also 21 CFR 1306.04(a) (“A prescription for a controlled substance * * * must be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his profess…