Steven W. Schierholt, Esq. John R.

Kasich
Executive Director Governor

STATE OF
BOARD OF PHARMACY

NOTICE OF OPPORTUNITY FOR HEARING

PROPOSAL TO DENY APPLICATION FOR TECHNICIAN REGISTRATION

IN THE MATTER OF: Case No. 2018-1290

Pamela Applegate PENDING Registration No. 09-206102

568 Station Road - TH1$ IS A RED INK STAMP-
I certify this lo bee true and exact copy of
Columbus, OH 43228
the original document on the with the
Ohio State Board of Phannecy.
September 6, 2018

Steven W. •
Esq., Executive Dir.
Dear Ms. Pamela Applegate: Date:
-MU : HAI :s6gi
:• SEAL TO BE OFFICIAL-
You are hereby notified, in accordance with the provisions of Section 119.07 of the Ohio Revised Code the
State of Ohio Board of Pharmacy (Board) proposes to deny your application for violations of Chapter 4729. of
the Revised Code and Section 4729:3 of the Administrative Code under authority of Section 4729.96 of the
Revised Code.

This notice does not prevent you from engaging in activities of a registered pharmacy technician during the
pendency of this case.

JURISDICTION

1. Pursuant to division (A)(1) of Section 4729.96 (effective April 6, 2017) of the Ohio Revised Code (ORC),
and Rule 4729:3-4-01 of the Ohio Administrative Code (OAC), the Board may impose any one or more of
the following sanctions on an applicant for a registered pharmacy technician if the board finds the
individual engaged in any of the conduct set forth in division (A)(2) of this section:

a. Revoke, suspend, restrict, limit, or refuse to grant or renew a license, ORC 4729.96(A)(1)(a) OAC
4729:3-4-01(A)(1); and/or

b. Reprimand or place the license holder on probation, ORC 4729.96(A)(1)(b), OAC 4729:3-4-
01(A)(2); and/or

c. Impose a monetary penalty or forfeiture not to exceed in severity any penalty designated under
the Revised Code for a similar offense or in the case of a violation of a section of the Revised Code
that does not bear a penalty, impose a monetary penalty or forfeiture of not more than $500,
ORC 4729.96(A)(1)(c), OAC 4729:3-4-01(A)(3).

T: (614) 466.4143 F: (614) 752.4836 I contact pharmacy.ohio.gov www.pharmacy.ohio.gov

2. On or about February 9, 2018, Pamela Applegate submitted an application for registration as a
registered pharmacy technician in the state of Ohio under license number 09-206102.
ALLEGATIONS

1. On your application submitted on or about February 8, 2018, you falsely answered "No" to the question
inquiring whether you have any other record of arrest (not related to drug charges), charges, or have a
conviction of a felony, misdemeanor or traffic violation (even if dismissed or sealed or the equivalent
thereof in another jurisdiction).

a. On or about May 6, 2015, you were indicted in the United States District Court, Southern District
of Ohio, Western Division, for (2) counts of Theft of Government Property, pursuant to 18 U.S.C.
641, felony offenses. On or about November 20, 2015, you were convicted and placed on
supervision for (5) years with a release date of November 16, 2020. You were ordered to pay
$39,540 in restitution. United State of America vs. Pamela Applegate, United States District Court,
Southern District of Ohio, Western Division, Case No. 1:15-cr-51.

POTENTIAL VIOLATIONS OF LAW

1. Such conduct as set forth in the Allegations Section, if proven, constitutes a violation of Section
4729.90(B)(1)(c) of the ORC and Rule 4729:3-1-01(G) of the OAC, not of good moral character and habits,
punishable by a maximum penalty of $500.

2. Such conduct as set forth in the Allegations Section, if proven, constitutes a violation of the following
divisions of (A) of section 4729.96 of the ORC, as effective April 6, 2017, each violation constituting a
minor misdemeanor, each punishable by a maximum penalty of $150:

a. Has been convicted of a felony, or a crime of moral turpitude, as defined in section 4776.10 of
the Revised Code, ORC Section 4729.96 (A)(2)(a); and/or

b. Committed fraud, misrepresentation, or deception in applying for or securing a license or

identification card issued by the board under this chapter or under Chapter 3715. or 3719. of
the Revised Code, ORC Section 4729.96(A)(2)(e); and/or

c. Engaged in any conduct for which the board may imposed discipline as set forth in rules adopted
under section 4729.94 of the Revised Code, ORC Section 4729.96(A)(2)(g).

3. Such conduct as set forth in the Allegations section, if proven, constitutes a violation of each of the
following divisions of Rule 4729:3-4-01 of the OAC as effective November 20, 2017, each violation
punishable by a maximum penalty of $500:

a. Has engaged in any of the conduct specified in division (A)(2) of section 4729.96 of the Revised
Code, OAC Rule 4729:3-4-01(6)(1); and/or

b. Violated any state or federal law or rule regardless of the jurisdiction in which the acts were
committed, except for minor traffic violations such as parking violations, speeding tickets and
violations such as failure to obey a red light, failure to use a turn signal or expired registration,
OAC Rule 4729:3-4-01(6)(2); and/or

Pamela Applegate Case No. 2018-1290 Page 2 of 3

 c. Committed acts that constitute moral turpitude as defined in section 4776.10 of the Revised Code
or gross immorality, OAC Rule 4729:3-4-01(6)(5); and/or

d. Has engaged in dishonesty. Dishonesty includes, but is not limited to, making any statement
intended to deceive, misrepresent or mislead anyone, or be a party to or an accessory to any
fraudulent or deceitful practice or transaction in a licensed location or in the operation or conduct
of a licensed location, OAC Rule 4729:3-4-01(B)(7); and/or

YOU ARE FURTHER NOTIFIED, in accordance with the provisions of Chapters 119. and 4729. of the Ohio Revised
Code, that you are entitled to a hearing before the State of Ohio Board of Pharmacy, if you request such a hearing
within thirty 30 days of the date of the mailing of this notice.

IF YOU DESIRE A HEARING, such request shall either be mailed to the State of Ohio Board of Pharmacy, Attn:
Legal, 77 South High Street, 17th Floor, Columbus, Ohio 43215-6126 or an e-mail request may be sent to
olio. (please note faxes will not be accepted). YOUR REQUEST MUST BE MUST BE
RECEIVED ON OR PRIOR TO THE 30TH DAY FOLLOWING THE MAILING DATE OF THIS NOTICE. Please note that if
you submit a request via email, your request will be acknowledged within one business day of receipt. If you do
not receive an acknowledgment, please contact the Board offices at 614-466-4143 and request the legal
department. You may appear at such hearing in person, by your attorney, or by such other representative as is
permitted to practice before the agency, or you may present your position, arguments or contentions in writing;
and, at this hearing, you may also present evidence and examine any witnesses appearing for and against you.

YOU ARE FURTHER ADVISED that if there is no request for such a hearing received by the Board on or prior to
the 30th day following the mailing of this notice, the State of Ohio Board of Pharmacy, upon consideration of
the aforementioned allegations against you, may take action without such a hearing.

If you have questions regarding the Chapter 119. Administrative Hearing process, please e-mail your questions
to legal@pharmacy.ohio.gov or call the Board office at 614-466-4143 and ask for the legal department.

BY ORDER OF THE STATE BOARD OF PHARMACY

Steven W. Schierholt, Esq., Executive Director

SWS/jak/KLL

CMRRR: 9414 7118 9956 0178 7560 53

Pamela Applegate Case No. 2018-1290 Page 3 of 3

 Restricted Delivery? Service Type

(Extra Fee) 0 Yes CERTIFIED

Article Number
\pH() PHARMACY BOA?
9414 7118 9956 0178 7560 53

th11190111151111151603101
COMPLETE THIS SECTION ON DELIVERY
A. Sig : (ElAddressee or LIAgent) ...ceived By: (Please Print Clearly) C. Date of Delivery

/WciAt14 OS— V
Article Add sed To:
D. Addressee's Address lr Dffefant Ffflo Arieryss used by So.144

(4( f- hri Pamela Applegate

Secanclery Address / Suite !Apt Floor (Aloes. Pre! Clearly)
568 Station Road
C D I Sk D Columbus OH 43228-5225
Delivery Address

1$$$$ 11 I $$$$ 'I iililiil i1 11 1 ill'

City Stets ZIP • 4 Cede
 UNITED STATakignit66gERVICE First-Class Mail
Postage & Fees Paid
OH 4a) USPS
ID SEP "18 Permit No. G-10
PS FORM3811, 2/04' /USA CMF-078. 09/17

PM 1 1.

RETURN Tn.

STATE OF OHIO BOARD OF PHARMACY

77 S HIGH ST RM 1702
COLUMBUS, OH 43215
James Lindon Attorney, Ph.D.
35104 Saddle Creek
Avon, Ohio 44011-4907

Provided to you as a courtesy