1(SACHIN SREEKUMAR NAIR) DEFAULT DECISION & ORDER in Case No. 6219

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BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against:

SACHIN SREEKUMAR NAIR 12314 Kourtney Court Eastvale, CA 91752 Pharmacy Technician Registration No. TCH 119441

Respondent.

Case No. 6219

OAH No. 2017110613

DEFAULT DECISION & ORDER

[Gov. Code, § 11520]

FINDINGS OF FACT

1. On or about August 14, 2017, Complainant Virginia Herold, in her official capacity

as the Executive Officer of the Board of Pharmacy, Department of Consumer Affairs, filed

Accusation No. 6219 against Sachin Sreekumar Nair (Respondent) before the Board of Pharmacy

(Board). (Accusation attached as Exhibit A.) On or about December 1, 2017, Complainant filed

the First Amended Accusation against Respondent before the Board. (First Amended Accusation

attached with Exhibit A.)

2. On or about April 9, 2012, the Board issued Pharmacy Technician Registration

No. TCH 119441 to Respondent. The Pharmacy Technician Registration was in full force and

effect at all times relevant to the charges and allegations brought in Accusation No. 6219 and

First Amended Accusation No. 6219 and will expire on February 28, 2020, unless renewed.

2(SACHIN SREEKUMAR NAIR) DEFAULT DECISION & ORDER in Case No. 6219

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3. On or about August 22, 2017, Respondent was served by Certified and First Class

Mail copies of the Accusation No. 6219, Statement to Respondent, Notice of Defense, Request

for Discovery, and Discovery Statutes (Gov. Code, §§ 11507.5, 11507.6, & 11507.7) at

Respondent’s address of record which, pursuant to Business and Professions Code section 4100,

is required to be reported and maintained with the Board. Respondent’s address of record was

and is:

12314 Kourtney Court Eastvale, CA 91752

4. Service of the Accusation was effective as a matter of law under the provisions of

Government Code section 11505, subdivision (c) and/or Business and Professions Code section

124.

5. On or about September 27, 2017, Respondent signed and returned a Notice of

Defense, requesting a hearing in this matter and designating Counsel. On or about November 16,

2017, a Notice of Hearing was served by First Class Mail to Counsel and by Certified and First

Class Mail at Respondent’s address of record and his and it informed him that an administrative

hearing in this matter was scheduled for March 21, 2018.

6. On or about December 1, 2017, Respondent’s Counsel was served by First Class

Mail, and Respondent was served by Certified and First Class Mail copies of the First Amended

Accusation No. 6219, Supplemental Statement to Respondent, and Request for Discovery at

Respondent’s address of record which, pursuant to Business and Professions Code section 4100,

is required to be reported and maintained with the Board. Respondent’s address of record was

and is:

12314 Kourtney Court Eastvale, CA 91752

7. Service of the First Amended Accusation was effective as a matter of law under the

provisions of Government Code section 11505, subdivision (c) and/or Business & Professions

Code section 124.

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3(SACHIN SREEKUMAR NAIR) DEFAULT DECISION & ORDER in Case No. 6219

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8. On or about December 8, 2017, Respondent signed and mailed a Notice of his release

of counsel and his election to proceed in Pro Per.

9. The matter was called for hearing at the date, time and location set forth in the Notice

of Hearing. The assigned Administrative Law Judge found that the service of the Notice of

Hearing on Respondent was proper. There was no appearance by or on behalf of Respondent. A

default was declared and on motion of counsel for Complainant, the matter was remanded to the

Board under Government Code section 11520.

10. Government Code section 11506, subdivision (c) states, in pertinent part:

(c) The respondent shall be entitled to a hearing on the merits if the respondent files a notice of defense . . . and the notice shall be deemed a specific denial of all parts of the accusation . . . not expressly admitted. Failure to file a notice of defense . . . shall constitute a waiver of respondent’s right to a hearing, but the agency in its discretion may nevertheless grant a hearing.

11. Government Code section 11520, subdivision (a) states, in pertinent part:

(a) If the respondent either fails to file a notice of defense . . . or to appear at the hearing, the agency may take action based upon the respondent’s express admissions or upon other evidence and affidavits may be used as evidence without any notice to respondent . . . .

12. Pursuant to its authority under Government Code section 11520, the Board finds

Respondent is in default. The Board will take action without further hearing and, based on the

relevant evidence contained in the Default Decision Evidence Packet in this matter, as well as

taking official notice of all the investigatory reports, exhibits and statements contained therein on

file at the Board’s offices regarding the allegations contained in Accusation No. 6219 and in First

Amended Accusation No. 6219, finds that the charges and allegations in Accusation No. 6219

and in First Amended Accusation No. 6219, are separately and severally, found to be true and

correct by clear and convincing evidence.

13. The Board finds that the actual costs for Investigation and Enforcement are

$7,787.50, as of March 20, 2018.

DETERMINATION OF ISSUES

1. Based on the foregoing findings of fact, Respondent Sachin Sreekumar Nair has

subjected his Pharmacy Technician Registration No. TCH 119441 to discipline.

4(SACHIN SREEKUMAR NAIR) DEFAULT DECISION & ORDER in Case No. 6219

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2. The Board has jurisdiction to adjudicate this case by default.

3. The Board is authorized to revoke Respondent’s Pharmacy Technician Registration

based upon the following violations alleged in the Accusation and First Amended Accusation

which are supported by the evidence contained in the Default Decision Evidence Packet in this

case:

a. Respondent subjected his Pharmacy Technician Registration to

discipline under Code sections 490 and 4301, subdivision (l) in that on February

23, 2017, in a criminal proceeding entitled People of the State of California v.

Sachin Sreekumar Nair, in Riverside County Superior Court, Hall of Justice

Courthouse, Case Number RIF1602950, Respondent was convicted on his plea of

guilty of violating Penal Code section 550, subdivision (b)(1) (knowingly

submitting fraudulent documents), a felony substantially related to the

qualifications, functions, and duties of a registered pharmacy technician.

b. Respondent has subjected his Pharmacy Technician Registration to

discipline under Code section 4301, subdivision (f), in that he committed acts

involving moral turpitude, dishonesty, fraud, deceit, and corruption when he

attempted to pass, as true and genuine, an insurance claim, knowing the same to be

false.

c. Respondent has subjected his Pharmacy Technician Registration to

discipline under Code section 4301, in that he engaged in unprofessional conduct.

d. As a disciplinary consideration, on March 14, 2014, under Code

section 4314, in conjunction with title 16 of the California Code of Regulations,

section 1775, the Board issued Respondent Citation Number CI 2013 60030 and

imposed a fine of $450.00.

e. As a disciplinary consideration, on September 11, 2015, under Code

section 4314, in conjunction with title 16 of the California Code of Regulations,

section 1775, the Board issued Respondent Citation Number CI 2014 64215 and

imposed a fine of $1,050.00.

5(SACHIN SREEKUMAR NAIR) DEFAULT DECISION & ORDER in Case No. 6219

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ORDER

IT IS SO ORDERED that Pharmacy Technician Registration No. TCH 119441, heretofore

issued to Respondent Sachin Sreekumar Nair, is revoked.

Pursuant to Government Code section 11520, subdivision (c), Respondent may serve a

written motion requesting that the Decision be vacated and stating the grounds relied on within

seven (7) days after service of the Decision on Respondent. The agency in its discretion may

vacate the Decision and grant a hearing on a showing of good cause, as defined in the statute.

This Decision shall become effective at 5:00 p.m. on May 24, 2018.

It is so ORDERED on April 24, 2018.

BOARD OF PHARMACY DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

By

Amy Gutierrez, Pharm.D. Board President

81988652.DOCX DOJ Matter ID:SD2017801412

Attachment: Exhibit A: Accusation

(SACHIN SREEKUMAR NAIR)

Exhibit A

Accusation & First Amended Accusation