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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices In accordance with 201.16c and 207.3 of the Commissions rules, each document filed by a party to the investigations must be served on all other parties to the investigations as identified by either the public or BPI
service list, and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service.
Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to 207.21 of the Commissions rules.
By order of the Commission.
Issued: September 1, 2021.
Lisa Barton, Secretary to the Commission.
FR Doc. 202119316 Filed 9321; 8:45 am BILLING CODE 702002P

DEPARTMENT OF JUSTICE
Drug Enforcement Administration Uvienome Linda Sakor, N.P.; Decision and Order
sradovich on DSKJLST7X2PROD with NOTICES

I. Introduction On June 19, 2019, the Assistant Administrator, Diversion Control Division, Drug Enforcement Administration hereinafter, DEA or Government, issued an Order to Show Cause hereinafter, OSC to Uvienome Sakor, N.P., also known as Uvienome Linda Sakor, N.P., hereinafter, Respondent of Douglasville, Georgia.
OSC, at 1. The OSC proposed the revocation of Respondents Certificate of Registration No. MS1972101, the denial of any pending applications for renewal or modification of that registration, and the denial of any applications for additional DEA registrations for two reasons. Id. First, it alleged that Respondent materially falsified multiple renewal applications . . . filed with the DEA. Id. citing 21 U.S.C.
824a1. Second, it alleged that Respondent pled guilty to a felony relating to controlled substances. OSC, at 1 citing 21 U.S.C. 824a2.
Specifically, the OSC alleged that Respondent entered a guilty plea in Georgia Superior Court to one count of Forgery in the First Degree for attempting to fill a forged controlled substance prescription. OSC, at 2. This OSC allegation acknowledged that, under Georgias First Offender Act, Respondent was discharged from probation, was exonerated of any criminal purpose, and is not considered to have a criminal conviction. Id.

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Second, the OSC alleged that Respondent entered into a Consent Order with the Georgia Board of Nursing hereinafter, GBN for her failure to report her Forgery guilty plea as required by Georgia statute. Id. It also alleged that the Consent Order placed Respondent on probation for two years.
Id.
Third, the OSC alleged that Respondent submitted three materially false registration renewal applications after her guilty plea because she did not respond affirmatively to the first Liability question. Id. at 23. Similarly, the OSC alleged that Respondent submitted two materially false registration renewal applications after the beginning of the Consent Orders probationary period because she did not respond affirmatively to the third Liability question. Id. at 3.
Fourth, the OSC alleged that Respondents guilty plea to the state Forgery charge implicates 21 U.S.C.
824a2. Id.
The OSC notified Respondent of the right to request a hearing on the allegations or to submit a written statement, while waiving the right to a hearing, the procedures for electing each option, and the consequences for failing to elect either option. Id. at 4 citing 21
CFR 1301.43. The OSC also notified Respondent of the opportunity to submit a corrective action plan. OSC, at 45 citing 21 U.S.C. 824c2C.
The Government forwarded its Request for Final Agency Action hereinafter, RFAA, along with the evidentiary record, to this office on September 5, 2019. Attached to the RFAA is the Declaration of a DEA
Diversion Investigator hereinafter, DI
that is signed and sworn to under penalty of perjury. RFAA Exhibit hereinafter, RFAAX 6 Declaration of Diversion Investigator, dated September 5, 2019 hereinafter, DI Declaration.
The DI Declaration states that the DI
personally served the OSC on Respondent at her registered location on June 24, 2019. Id. at 3. I credit the DIs sworn statement.
Respondent waived her right to a hearing and filed a written statement.
RFAAX 3 Respondents Written Statement, dated July 17, 2019
hereinafter, Written Statement, at 1.
Her Written Statement explicitly references the OSC. Id.
Based on all of the evidence in the record, I find that the Governments service of the OSC was legally sufficient. In addition, based on all of the evidence in the record, I find that Respondent timely filed her Written Statement. 21 CFR 1301.43.

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I issue this Decision and Order based on the Governments submission, which includes the Written Statement, and is the entire record before me. 21 CFR
1301.43e.
II. Findings of Fact A. Respondents DEA Controlled Substance Registration Respondent is the holder of DEA
Certificate of Registration No.
MS1972101 at the registered address of 6559 Church St., Douglasville, GA
301341885. RFAAX 1 Certification of Registration History, dated September 4, 2019, at 1. Pursuant to this registration, Respondent is authorized to dispense controlled substances in schedules III
through V as a MLP-nurse practitioner.1 Id. Respondents registration expired on February 28, 2021, and is in an active pending status. Id.
B. The Investigation of Respondent According to the DI assigned to this matter, a large number of prescriptions that had been issued by . . .
Respondent had been filled at a pharmacy the DI was investigating, and Respondent is the sister of the pharmacys owner. RFAAX 6, at 1. The DI Declaration states that Respondent previously had been convicted of a felony involving forgery and that her nursing license had been placed on probation. Id. According to the DI
Declaration, the DIs investigation included obtaining certified copies of records of the Superior Court of Douglas County and of the GBN. Id. at 2; see also infra section II.C.
C. The Governments Case The Governments case includes five exhibits, one of which is the Written Statement.
The first exhibit is the Certification of Registration History. RFAAX 1.
According to that Certification, Respondent submitted to the Agency registration renewal applications on December 31, 2011, February 25, 2015, and January 5, 2018. Id. at 1. On each of the three submissions, the Certification of Registration History states, Respondent answered No to whether she has . . . ever been convicted of a crime in connection with controlled substances under state or federal law, . . . or any such action pending. Id. at 12, 4, 7, 10. Further, on each of the three submissions, according to the Certification of Registration History, Respondent answered No to whether she has 1 MLP means Mid-Level Practitioner. 21 CFR
1300.01b.

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