[Federal Register Volume 87, Number 122 (Monday, June 27, 2022)]
[Notices]
[Pages 38184-38185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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]
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