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Steven W. Schierholt, Esq. John R.

Kasich
Executive Director Governor

s
e:11416
BOARD OF PHARMACY

NOTICE OF OPPORTUNITY FOR HEARING


PROPOSAL TO DENY APPLICATION FOR TECHNICIAN REGISTRATION

IN THE MATTER OF: Case No. 2018-1609

Vernon Gomez PENDING Registration No. 09-309415


4089 Parkcove Drive -THIS IS A RED INK STAMP-
Gahanna, OH 43230 I codify this b bee true and exact copy of
the original document on Me with the
Ohio Board of Pharmacy.
October 10, 2018
iCrl 14). -
Dear Mr. Gomez:
Steven W.Schierholt.Eaq.,?ecutive Dir.
R ff, io QC-, /4*
-MUST HAVE BOARD SEAL 0 BE °FEICK-
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 as a certified pharmacy technician
due to violations of Chapter 4729. of the Revised Code and Section 4729:3 of the Administrative Code under
authority of Section 4729.96 of the Ohio Revised Code.

This notice does not prevent you from engaging in activities of a certified 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 certified pharmacy technician license 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 Ohio Revised Code for a similar offense or in the case of a violation of a section of the Ohio
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).

2. On or about April 13, 2018, Vernon Gomez submitted an application for registration as a certified
pharmacy technician in the state of Ohio under license number 09-309415.

77 South High Street, 17th Floor, Columbus, Ohio 43215

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


ALLEGATIONS

1. On your application submitted on or about April 13, 2018, you answered "Yes" to the question inquiring
whether you have any 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). Further investigation by an agent of the Board revealed the following:

a. On or about December 23, 2011, you were arrested and charged with Domestic Violence, in
violation of Ohio Revised Code Section 2919.25, a first-degree misdemeanor; and Assault, in
violation of Ohio Revised Code Section 2903.13, a first-degree misdemeanor. Court records
indicate on February 7, 2012 you entered a plea of Guilty to Domestic Violence, in violation of
Ohio Revised Code Section 2919.25, a first-degree misdemeanor. The Assault charge was
dismissed. You were sentenced to 180 days in jail (suspended sentence), Community Control
Sanctions for two years, a fine in the amount of $150.00, court costs of $130.00, and a probation
fee of $240.00. See State of Ohio v. Vernon Gomez, Franklin County Municipal Court, Case No.
2011 CR B 029469.

b. On or about May 25, 2014, you were charged with two counts of "Driving or physical control while
under the influence," each count in violation of the Codified Ordinances of the City of Gahanna,
Ohio, Section 333.01, each count a first-degree misdemeanor; "Failure to control; weaving; full
time and attention," in violation of the Codified Ordinances of the City of Gahanna, Ohio Section
331.34, a fourth-degree misdemeanor; and "Operation without reasonable control," in violation
of the Codified Ordinances of the City of Gahanna, Ohio Section 333.08, a minor misdemeanor.
Court records in the Gahanna Mayor's Court, Case No. 2014TRC01927, indicate on August 7, 2014,
you entered a plea of Guilty to one count of "Driving or physical control while under the
influence," a violation of the Codified Ordinances of the City of Gahanna, Ohio Section 333.01, a
first-degree misdemeanor; and "Failure to control; weaving; full time and attention," in violation
of the Codified Ordinances of the City of Gahanna, Ohio Section 331.34, a fourth-degree
misdemeanor. You were sentenced to jail for ten days (suspended sentence), Community Control
Sanctions for two years, a license suspension of 180 days, a fine in the amount of $200.00, and
you were ordered to attend a "3 Day Alcohol Treatment" program.

c. On or about October 25, 2016, you were indicted in the Franklin County Common Pleas Court for
Kidnapping, in violation of Ohio Revised Code Section 2905.01, a first-degree felony; Abduction,
in violation of Ohio Revised Code Section 2905.02, a third-degree felony; and Domestic Violence,
in violation of Ohio Revised Code Section 2919.25, a fourth-degree felony. Court records indicate
on April 17, 2017 you entered a plea of Guilty to Domestic Violence, in violation Ohio Revised
Code Section 2919.25, a first-degree misdemeanor (a lesser-included offense). The Kidnapping
and Abduction charges were dismissed. You were sentenced to 76 days in jail (30 days suspended)
and were ordered to pay court costs. See State of Ohio v. Vernon C. Gomez, Franklin County
Common Pleas Court, Case No. 16 CR 005944.

d. On or about July 8, 2016, you were charged with Criminal Trespass, in violation Ohio Revised Code
Section 2311.21, a fourth-degree misdemeanor. Court records indicate on July 12, 2016, you
entered a plea of Guilty to Criminal Trespass, in violation of Ohio Revised Code Section 2311.21,
a fourth-degree misdemeanor. You were sentenced to Community Control Sanctions for one
year, a fine in the amount of $75.00, courts costs in the amount of $189.00, and a probation fee

Vernon Gomez Case No. 2018-1609 Page 2 of 4


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

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).

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
(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 30"1 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 legal2pharmacy.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/JCS/KLL

CMRRR: 9414 7118 9956 0768 7130 39

Vernon Gomez Case No. 2018-1609 Page 4 of 4


in the amount of $120.00. See City of Columbus v. Vernon C. Gomez, Franklin County Municipal
Court, Case No. 2016 CR B 015465.

e. On or about March 31, 2017, you were charged with "Operating vehicle under the influence of
alcohol or drugs — OVI," in violation of Ohio Revised Code Section 4511.19, a first-degree
misdemeanor; "Driving in marked lanes," in violation of Ohio Revised Code Section 4511.33, a
minor misdemeanor; and "Turn and stop signals," in violation of Ohio Revised Code Section
4511.39, a minor misdemeanor. Court records indicate on May 16, 2017 you entered a plea of
Guilty to "Operating vehicle under the influence of alcohol or drugs — OVI," in violation of Ohio
Revised Code Section 4511.19, a first-degree misdemeanor. The charges for "Driving in marked
lanes" and "Turn and stop signals" were dismissed. You were sentenced to three days in jail
(suspended sentence), a fine in the amount of $375.00, a license suspension of 180 days, and
court costs of $252.00. See State of Ohio v. Vernon C. Gomez, Franklin County Municipal Court,
Case No. 2017 TR C 126056.

f. On or about July 31, 2017, you were charged with two counts of "Operating a vehicle under the
influence," each count in violation of Columbus City Code Section 2133.01, each count a first-
degree misdemeanor; "Driving under OVI suspension," in violation of Columbus City Code Section
2141.14, a first-degree misdemeanor; and "Driving within lanes or continuous lines of traffic," in
violation of Columbus City Code Section 2131.08, a minor misdemeanor. Court records indicate
on October 13, 2017 you entered a plea of Guilty to one count of "Operating a vehicle under the
influence," in violation of Columbus City Code Section 2133.01, a first-degree misdemeanor. The
remaining charges were dismissed. You were sentenced to 180 days in jail (150 days suspended),
Community Control Sanctions for two years, a driver's license suspension for three years, a fine
in the amount of $850.00, a probation supervision fee in the amount of $240.00, and court costs
in the amount of $180.50. See City of Columbus v. Vernon Charles Gomez, Franklin County
Municipal Court, Case No. 2017 TR C 162055.

g. On or about December 18, 2017, you were charged with Criminal Trespass, in violation of Ohio
Revised Code Section 2911.21, a fourth-degree misdemeanor. Court records in the City of
Cambridge Municipal Court, Case No. 17CRB01679-A indicate on December 26, 2017 you entered
a plea of Guilty to Criminal Trespass, in violation of Ohio Revised Code Section 2911.21, a fourth-
degree misdemeanor. You received a fine in the amount of $75.00, court costs in the amount of
$115.00, and other fees in the amount of $53.00.

POTENTIAL VIOLATIONS OF LAW

1. Such conduct as set forth in the Allegations section, if proven, constitutes a violation of Section
4729.90(B)(2)(a) 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

Vernon Gomez Case No. 2018-1609 Page 3 of 4


James Lindon Attorney, Ph.D.
35104 Saddle Creek
Avon, Ohio 44011-4907

Provided to you as a courtesy

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