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Administrative Law Handbook

Administrative Law Handbook

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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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1. The Agency may only take actions or impose penalties authorized by law.

2. Suspensions

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a. The term suspension implies temporary loss of license. Richter v. State Med. Bd. of
Ohio
(10th Dist.), 161 Ohio App. 3d 606, 2005-Ohio-2995, at ¶12.

3. Revocations

a. Non-permanent revocations: licensee may reapply or be reinstated.

b. Permanent revocations

(1) At least one court has held that for a revocation to be permanent, the order, or
incorporated law, must expressly state that the revocation is permanent. State ex
rel. Poignon v. Ohio Bd. of Pharmacy
, 10th Dist. No. 03AP-178, 2004-Ohio-2709, at
¶ 7.

(2) The Tenth District has held that, in some circumstances, following a permanent
license revocation, an applicant may apply for a new license. See Richter, 2005-
Ohio-2995, at ¶ 14.

(3) Under this interpretation, the agency must accept and process a subsequent
application for a new license, unless the law in effect at the time of the revocation
precludes further application. Richter, 2005-Ohio-2995, at ¶ 14, 20 (French,
concurring).

(4) In the context of a driver’s license, however, the Supreme Court of Ohio has held
that the term revocation means a “permanent taking without the expectation of
reinstatement. “ State v. White (1987), 29 Ohio St. 3d 39, 40.

4. Multiple penalties

a. The agency may not impose multiple penalties for one violation of a statute.

b. The agency may impose multiple penalties when each penalty is based on a different
violation of the statutes. Wesco Ohio Ltd. v. Ohio State Bd. of Pharmacy (10th Dist.
1988), 55 Ohio App. 3d 94, 98-99.

5. Independent of criminal penalties

a. Administrative actions against a license or permit as may be specifically authorized by
statute do not constitute a bar against criminal prosecution based on the facts that
underlie both actions.

b. For example, placing a defendant under an administrative license suspension for DUI
does not constitute a punishment that triggers a double jeopardy impediment to further
governmental enforcement action, nor does it violate procedural due process or create
a valid argument of issue preclusion. State v. Gustafson (1996), 76 Ohio St. 3d 425,
435-36 (double jeopardy); State v. Hochhausler (1996), 76 Ohio St. 3d 455, 463
(procedural due process); State v. Williams (1996), 76 Ohio St. 3d 290, paragraph one
of the syllabus (issue preclusion).

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