Carlos Gonzalez, M.D., 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. 11-33] On July 18, 2011, Chief Administrative Law Judge (ALJ) John J. Mulrooney, Jr., issued the attached recommended decision (also ALJ). Thereafter, the Government filed Exceptions to the ALJ's decision. [ 1 ] Having reviewed the entire record and the Government's Exceptions, I have decided to adopt the ALJ's recommended rulings, findings of fact, conclusions of law, and recommended order except as discussed below. [ 2 ] I will therefore order that Respondent's registration be revoked and that any pending application to renew his registration be denied. The Government's Exceptions The Government's Exceptions fall within two categories. First, the Government takes exception to the ALJ's finding that it had not proved that Respondent violated Federal law (the Ryan Haight provisions) by issuing controlled substance prescriptions through the Internet without having conducted “at least one in-person medical evaluation” of the patients. Exceptions at 3; see also ALJ at 69-71. Second, the Government takes exception to the ALJ's declination to give weight to testimony it elicited regarding several hearsay statements which it offered to prove various material facts (including the alleged violations of the Ryan Haight provisions). The Ryan Haight Violations With respect to its first contention, the Government points to various controlled substance prescriptions (typically for steroids) found during an inspe…