Notice2022-13626
Kevin J. Dobi, APRN; Decision and Order
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 27, 2022
Issuing agencies
Justice DepartmentDrug Enforcement Administration
Full Text
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<title>Federal Register, Volume 87 Issue 122 (Monday, June 27, 2022)</title>
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[Federal Register Volume 87, Number 122 (Monday, June 27, 2022)]
[Notices]
[Pages 38184-38185]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13626]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Kevin J. Dobi, APRN; Decision and Order
On October 4, 2017, the Drug Enforcement Administration
(hereinafter, DEA or Government) issued an Order to Show Cause (OSC),
seeking to deny the March 31, 2017 DEA Certificate of Registration
application filed by Kevin J. Dobi APRN (Respondent) for registration
in Montana. Request for Final Agency Action Exhibit (RFAAX) 2. The OSC
alleged Respondent's application should be denied pursuant to 21 U.S.C.
824(a)(1) because Respondent materially falsified his application. Id.
at 1.
The Agency makes the following findings of fact based on the
uncontroverted evidence submitted by the Government in a Request for
Final Agency Action (RFAA) on May 16, 2022.\1\
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\1\ Respondent made a timely hearing request and submitted a
Corrective Action Plan (CAP). RFAAX 4. DEA rejected Respondent's CAP
on or about December 21, 2017, RFAAX 5, and a revised CAP was
rejected on or about January 29, 2018, RFAAX 6. Respondent waived
his right to a hearing, RFAAX 7, and proceedings were terminated on
November 29, 2017, RFAAX 8.
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I. Findings of Fact
Respondent surrendered for cause a Texas state registered nurse
license on or about October 6, 1997. RFAAX 3, at 11 (Order of the Board
of Nurse Examiners for the State of Texas). Respondent also surrendered
for cause a DEA controlled substance registration, no. MD1340710, on
September 9, 2011. RFAAX 1, at 2 (Certification of Respondent's
Registration History).
On March 31, 2017, Respondent filed an application seeking a DEA
controlled substance registration for schedules II-V. RFAAX 1, at 3-6
(Respondent's application). On the application, Respondent was asked
whether he had ``ever surrendered (for cause) . . . a federal
controlled substance registration.'' Respondent answered no. Id. at 4.
Respondent was also asked whether he had ``ever surrendered (for cause)
. . . a state professional license.'' Respondent answered no. Id. The
Agency finds that Respondent's answers were clearly false because
Respondent had surrendered a controlled substance registration and a
state professional license for cause.
II. Discussion
The Administrator may deny an application for registration if the
applicant materially falsified an application. 21 U.S.C. 824(a)(1).\2\
Here, Respondent provided false information to two liability questions
on his March 31, 2017 application--falsely responding that he had never
surrendered for cause a state professional license or a federal
controlled substances registration. Agency decisions have repeatedly
held that false responses to the liability questions on an application
for registration are material. E.g., Crosby Pharmacy and Wellness, 87
FR 21,214; Frank Joseph Stirlacci, M.D., 85 FR 45,229, 45,234-35
(2020). Accordingly, the Agency finds that the Government has
established grounds to deny Respondent's application.
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\2\ Although the language of 21 U.S.C. 824(a) discusses
suspension and revocation of a registration, it may also serve as
the basis for the denial of a DEA registration application. E.g.,
Crosby Pharmacy and Wellness, 87 FR 21,212, 21,214 (2022); Robert
Wayne Locklear, 86 FR 33,738. 33,744-45 (2021) (collecting Agency
decisions).
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III. Sanction
Where, as here, the Government has established grounds to deny an
application for registration, the burden shifts to the respondent to
show why he can be entrusted with the responsibility carried by a
registration. Garret Howard Smith, M.D., 83 FR 18,882, 18,910 (2018)
(citing Samuel S. Jackson, 72 FR 23,848, 23,853 (2007)). The issue of
trust is necessarily a fact-dependent determination based on the
circumstances presented by the individual respondent; therefore, the
Agency looks at factors, such as the acceptance of responsibility and
the credibility of that acceptance as it relates to the probability of
repeat violations or behavior and the nature of the misconduct that
forms the basis for sanction, while also considering the Agency's
interest in deterring similar acts. See Arvinder Singh, M.D., 81 FR
8247, 8248 (2016).
In this matter, Respondent did not avail himself of the opportunity
to refute the Government's case or demonstrate why he can be entrusted
with a registration. Accordingly, the Agency will order the sanctions
the Government requested, as contained in the Order below.
Order
Pursuant to 28 CFR 0.100(b) and the authority vested in me by 21
U.S.C. 823(f), I hereby deny the pending application for a
Certification of Registration in Montana submitted by Kevin J. Dobi,
APRN. This Order is effective July 27, 2022.
Signing Authority
This document of the Drug Enforcement Administration was signed on
June 16, 2022, by Administrator Anne Milgram. That document with the
original signature and date is maintained by DEA. For administrative
purposes only, and in compliance with requirements of the Office of the
Federal Register, the undersigned DEA Federal Register Liaison Officer
has been authorized to sign and submit the document in electronic
format for publication, as an official document of DEA. This
administrative process in no way alters the legal effect of this
[[Page 38185]]
document upon publication in the Federal Register.
Scott Brinks,
Federal Register Liaison Officer, Drug Enforcement Administration.
[FR Doc. 2022-13626 Filed 6-24-22; 8:45 am]
BILLING CODE 4410-09-P
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