Administrative agencies make decisions that affect people's lives every day, and you might believe an agency erred when making a decision affecting your professional life.
An appeal might be your next step if you were:
- Denied admission to an examination
- Denied the issuance or renewal of a license
- Denied registration of a licensee
- Given a revocation or suspension of your license
- Denied the opportunity to pay a forfeiture
An appeal must follow Ohio statutory guidelines and requirements, including where to file an appeal.
Are appeals not all filed in the same place?
No. Ohio law specifies where you file your appeal. The court of common pleas where the business is located receives appeals, except the following appeals, which Franklin County handles:
- The state medical board
- The state chiropractic board
- The board of nursing
- The liquor control commission
- The bureau of workers' compensation (health partnership program participation)
In addition, anyone conducting business or residing outside Ohio would also file an appeal in Franklin County.
What does an appeal entail?
You and your attorney must send a notice of appeal to the appropriate agency and the court. This document outlines the details of the order upon which you base your appeal and why the denial fails to comply with the law and that no probative, substantial or reliable evidence supports the decision made by the agency.
Unless the court finds that an agency's order causes you undue hardship, it remains in effect during the appeals process. In determining whether to suspend the order, the court also considers whether suspending the order puts the public at risk.
The agency must submit its records regarding the case within 30 days of receipt of the notice of appeal. The court may grant an extension of no more than 30 days if the evidence suggests the agency is attempting to comply. To get a copy of the records, you pay a deposit with the filing of the notice of appeal.
The hearing on your appeal is based solely on these records, which is why, if the agency fails to provide the records within the allowed time, the court automatically rules in your favor. If the matter goes to hearing, the court could allow additional evidence.
The decision of the court is considered conclusive and final. However, further appeals are possible under the same system as other civil actions.