Justice Department, Drug Enforcement Administration
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 Nos. 12-37 and 12-38] On June 8, 2012, Chief Administrative Law Judge (ALJ) John J. Mulrooney II, issued the attached Recommended Decision. Both parties filed Exceptions to the ALJ's decision. Having considered the record in its entirety, including the parties' Exceptions, I have decided to adopt the ALJ's recommended rulings, findings of fact (except as discussed below), conclusions of law, and proposed sanction. A discussion of Respondents' Exceptions follows. [ 1 ] Respondents' Exceptions Respondents raise numerous exceptions to the ALJ's Recommended Decision. Of their contentions, the most substantial, but ultimately still unpersuasive, are the following: (1) That their conduct in dispensing controlled substance prescriptions issued by two physicians, whose DEA Registrations were “expired” and therefore invalid, “cannot serve as a basis for revocation,” Resp. Exceptions at 2-9; (2) that the ALJ's findings that Respondents dispensed controlled substances pursuant to prescriptions, which raised red flags that a pharmacist could not resolve, and thus violated their corresponding responsibility under federal law, are not supported by substantial evidence, id. at 9-22; and (3) that the ALJ failed to consider evidence of their acceptance of responsibility, id. at 22-25. Exception One—Respondents' Dispensings of Controlled Substance Prescriptions Issued by Physicians Whose Registrations W…
Citation: 77 FR 62316
