Like many professionals here in Ohio, your license is the lifeblood of your business. Without it, you cannot legally conduct your business, which could mean that you will have to close your doors. If you were denied a license or the ability to renew your license, or, if it was suspended or revoked, you might be able to file an appeal of the decision. You might also be able to file an appeal if you were denied the right to take an examination relevant to your professional license. However, time is of the essence, and, according to Ohio law, you only have 15 days from the date the agency’s notice is mailed to file your appeal.
Can anyone file an appeal?
Decisions from the following agencies can be appealed:
- The Board of Nursing
- The State Chiropractic Board
- The State Medical Board
- The Liquor Control Commission
- The Ohio Casino Control Commission
- The bureau of workers’ compensation regarding participation in the health partnership program
If one of these agencies made the decision to keep you from obtaining or retaining a valid license, you might be able to appeal the denial, revocation or suspension. As is the case with many federal and Ohio laws, there are exceptions. Therefore, consulting an attorney about your licensing situation might be in order.
So, if you can file an appeal, what happens next?
A notice of appeal will need to be filed with the Court of Common Pleas in Franklin County and sent to the appropriate agency. That notice must identify the order being appealed and why the evidence used to make the decision was not substantial, probative or reliable, but does not have to include all of the specific details. Those details may be presented later if a hearing is held. The agency in question will then have a minimum of 30 days and a maximum of 60 days (an additional 30 days may be given by the court) to certify the record regarding the order being appealed. Any hearing will be based upon this record.
It would not be advisable for you to go through this process alone. There is too much at stake. Your attorney can help you determine whether an appeal is appropriate and then guide you through the process. Finding an attorney who is familiar with administrative law might not be enough. You need to find one who routinely practices in this area and has more than a familiarity with Ohio’s administrative laws and procedures.