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Find Linda Sue Cheek, 76 FR 66972, 66972-73 (2011); Gregory D

Find Linda Sue Cheek, 76 FR 66972, 66972-73 (2011); Gregory D

This is so, even where there is absolutely no facts “with regards to [brand new practitioner’s] total practice records,” and you can “we do not understand the quantity of people they have served.” R.D. from the forty-five.\10\ In reality, regardless of individuals instances with talked about the quantity out of a practitioner’s dispensing interest while the another planning under the sense basis, zero situation has actually placed the responsibility generating facts while the towards quantity of a great practitioner’s legitimate dispensings on the Service. This is exactly for good reason, as one of the fundamental principles of your law out of facts is the fact that the weight off design into a concern is typically used on the team that’s “most likely to possess accessibility this new proof.” Christopher B. Mueller & Laird C. Kirkpatrick, 1 Federal Research Sec. step 3:3, at 432 (three-dimensional ed. 2007).\11\

I therefore reject the brand new ALJ’s achievement regarding legislation you to “[w]here evidence of the fresh new Respondent’s sense, just like the conveyed through their clients and you can group, try silent according to decimal volume of the latest Respondent’s experience,

\10\ The ALJ further informed me you to definitely “we really do not learn . . .