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

2. Suspensions


a. The term suspension implies temporary loss of license. Richter v. State Med. Bd. of
(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,

(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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