Administrative litigation in Ohio is much different from civil litigation, which typically involves torts or business litigation. It's important to understand what administrative litigation is and how it works in the state in the event that you are facing such an issue.
When faced with administrative litigation, a decision by an agency is typically being reviewed. This review is brought to an administrative law judge who is a third party and is independent of any entities involved in the proceedings. The agency is alerted of the challenge of its decision or ruling as part of the proceedings.
The administrative law judge is then tasked with performing a fact-finding investigation to determine if administrative law was broken. The judge will present all of the facts discovered to the agency along with recommendations on how the agency can take action to rectify the situation.
In order to acquire information or facts related to the complaint in an administrative litigation hearing, the following methods can be used:
- Requests for document production
- Requests to admit
It is not common for depositions to occur in most administrative litigation cases in the state of Ohio. This means that witnesses will not be deposed in these cases, leading to the discovery process being more difficult than that of a judicial case.
When it comes to the hearing for an administrative litigation case, many people are surprised to see how informal they actually are compared to a judicial hearing. This is even the case when talking about evidence and the presentation of evidence during the hearing.
The end result is the same as a judicial case though, as the judge will issue a ruling. The ruling, like in a judicial case, can be appealed by the party that did not receive a favorable ruling.
If you are faced with administrative litigation, contact our firm in Cleveland, Ohio to have all of your questions answered and to help you understand the process.