Get a hold of Linda Sue Cheek, 76 FR 66972, 66972-73 (2011); Gregory D
This is so that, even in which there’s no proof “when it comes to [the new practitioner’s] overall practice records,” and you may “we do not know the level of customers he’s offered.” Roentgen.D. at forty five.\10\ In reality, notwithstanding some times that have chatted about the volume regarding good practitioner’s dispensing pastime as a relevant idea within the feel grounds, zero situation provides actually ever set the duty of creating evidence since the with the number of an effective practitioner’s legitimate dispensings towards the Service. That is for good reason, as among the important standards of your rules of evidence is that the load regarding production on the an issue is usually allocated to the new party that is “most likely having the means to access the evidence.” Christopher B. Mueller & Laird C. Kirkpatrick, step one Government Evidence Sec. step three:step 3, from the 432 (3d ed. 2007).\11\
We ergo refuse the ALJ’s conclusion regarding legislation one to “[w]here proof of the new Respondent’s experience, as the shown compliment of their customers and you will personnel, are silent according to the decimal volume of the latest Respondent’s feel,
\10\ This new ALJ subsequent explained one to “we really do not learn . . . (περισσότερα…)