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Table Of Contents

I. APPLICATION OF R.C. CHAPTER 119
A. Governmental Entities Subject to R.C. Chapter 119
B. Entities that Constitute an “Agency”
C. Chapter 119 Applies to Adjudications, Not Ministerial Acts
II. RIGHT TO HEARING
C. Orders Effective Without a Hearing
D. Suspensions Without A Prior Hearing (“Summary Suspensions”)
III. NOTICE REQUIREMENTS
A. Mandatory Requirement
B. Content of Notice
C. Due Process
D. Annotations
E. Service of Notice
F. Failure to Give Proper Notice
G. Practical Considerations
H. Computing Time Pursuant to R.C. 1.14
IV. HEARING REQUESTS
A. Method of Requesting a Hearing
C. Effect of Failure to Timely Request a Hearing within Thirty (30) Days
V. SCHEDULING OF THE HEARING
A. Initial Scheduling
B. Continuances
VI. OBTAINING EVIDENCE AND SECURING WITNESSES FOR HEARING
B. Depositions
C. Subpoenas for Purposes of a Hearing
D. Investigative Subpoenas
F. Protected Information
VII. THE CONDUCT OF HEARINGS
A. Nature of Proceeding
C. Burden of Proof
D. Standard of Proof Required
E. Standards for Consideration of Evidence
F. Hearing Procedure
G. Introduction of Evidence
H. Motions in Limine
I. Examination of Witnesses
J. Documentary Evidence; Practical Considerations
K. Can A Case Be Dismissed Prior to Hearing?
L. Addressing Constitutional Issues
M. Hearing Examiner
VIII. AGENCY ACTION
A. Hearings Held Before the Agency
B. Personal Appearances Before the Agency
C. Taking of Additional Evidence
D. Failure to Hold Hearing Prior to Expiration of License/Surrender of License
E. Remand to Hearing Examiner
F. Consideration of the Record
G. Agency Review of the Report and Recommendation of the Hearing Examiner
H. Disciplinary Actions
I. Content and Issuance of the Order
J. Service of the Order
K. Effect of Orders – Claim/Issue Preclusion
IX. APPEALS (R.C. 119.12)
A. Who May Appeal
B. Other Parties
C. Notice of Appeal
D. Where to File
E. Time for Filing the Notice of Appeal
F. Suspension (Stay) of Agency’s Order on Appeal
G. Applicability of Civil Rules to Administrative Appeals
H. Certification of the Record
I. Record on Appeal/Submission of Additional Evidence
J. Exhaustion of Administrative Remedies Doctrine
K. Role of the Common Pleas Court on Administrative Appeal
L. Appeal from the Common Pleas Court to the Court of Appeals
X. ATTORNEY FEES
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Administrative Law Handbook

Administrative Law Handbook

Ratings: (0)|Views: 5,320 |Likes:
Published by Mike DeWine
Handbook outlining the basics and background of Administrative Law.
Handbook outlining the basics and background of Administrative Law.

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Published by: Mike DeWine on Oct 07, 2009
Copyright:Attribution Non-commercial No-derivs

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11/27/2013

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