No adjudication order of an agency shall be valid unless the agency is specifically authorized by law to make such order.
No adjudication order shall be valid unless an opportunity for a hearing is afforded in accordance with sections 119.01 to 119.13 of the Revised Code. Such opportunity for a hearing shall be given before making the adjudication order except in those situations where this section provides otherwise.
The following adjudication orders shall be effective without a hearing:
(A) Orders revoking a license in cases where an agency is required by statute to revoke a license pursuant to the judgment of a court;
(B) Orders suspending a license where a statute specifically permits the suspension of a license without a hearing;
(C) Orders or decisions of an authority within an agency if the rules of the agency or the statutes pertaining to such agency specifically give a right of appeal to a higher authority within such agency, to another agency, or to the board of tax appeals, and also give the appellant a right to a hearing on such appeal.
When a statute permits the suspension of a license without a prior hearing, any agency issuing an order pursuant to such statute shall afford the person to whom the order is issued a hearing upon request.
Whenever an agency claims that a person is required by statute to obtain a license, it shall afford a hearing upon the request of a person who claims that the law does not impose such a requirement.
Every agency shall afford a hearing upon the request of any person who has been refused admission to an examination where such examination is a prerequisite to the issuance of a license unless a hearing was held prior to such refusal.
Unless a hearing was held prior to the refusal to issue the license, every agency shall afford a hearing upon the request of a person whose application for a license has been rejected and to whom the agency has refused to issue a license, whether it is a renewal or a new license, except that the following are not required to afford a hearing to a person to whom a new license has been refused because the person failed a licensing examination: the state medical board, state chiropractic board, board of examiners of architects, board of landscape architect examiners, and any section of the Ohio occupational therapy, physical therapy, and athletic trainers board.
When periodic registration of licenses is required by law, the agency shall afford a hearing upon the request of any licensee whose registration has been denied, unless a hearing was held prior to such denial.
When periodic registration of licenses or renewal of licenses is required by law, a licensee who has filed an application for registration or renewal within the time and in the manner provided by statute or rule of the agency shall not be required to discontinue a licensed business or profession merely because of the failure of the agency to act on the licensee's application. Action of an agency rejecting any such application shall not be effective prior to fifteen days after notice of the rejection is mailed to the licensee.
HISTORY: GC § 154-67; 120 v 358; 121 v 578; Bureau of Code Revision, 10-1-53; 138 v H 102 (Eff 5-29-79); 140 v H 379 (Eff 7-2-84); 141 v H 769 (Eff 3-17-87); 144 v H 276 (Eff 10-11-91); 148 v H 506. Eff 4-10-2001.
Cross-References to Related Sections
Accountants, procedure for revocation or suspension of certificates, RC § 4701.16.
Advertising on interstate highways, grounds for disapproval; cancellation or revocation of permit; notice of required remedial action; removal, RC § 5516.12.
Agriculture, department of -
Amusement rides, revocation of permit, RC § 1711.56.
Livestock auction, revocation of approval of veterinary inspector, RC § 943.13.
Meat inspection; licenses, RC § 918.08.
Suspension or revocation of license, RC § 918.28.
Air pollution control, RC § 3704.04.
Notice of violation, license suspension, civil penalty, RC § 3704.17.
Alcohol, drug addiction services, department of -
Certification of individuals, RC § 3793.07.
Evaluation and certification of programs, RC § 3793.06.
Application for bingo license, RC § 2915.08.
Athletic trainers, RC § 4755.60 et seq.
Banks; judicial review of superintendent's refusal, suspension or revocation of license, RC § 1315.07.
Building standards -
Issuance of adjudication and stop work orders, RC § 3781.03.1.
Local boards, certification of, RC § 3781.20.
Cemetery registration; revocation, RC § 4767.02.
Child support default; hearing unavailable for refusal, nonrenewal or suspension of license, RC §§ 3123.49, 3123.60, 3123.61.4.
Civil rights commission, RC § 4112.05.
Dental board disciplinary actions, RC § 4715.30.
Dietetics, Ohio board of; suspension, revocation, reinstatement of license, RC § 4759.07.
Door-to-door sales registration, employment of minors, RC § 4109.21.
Driver's license, suspension of, for habitual absence or withdrawal from school, RC § 4507.06.1.
Engineers, professional -
Certificate of authorization requirements for firm, partnership or association, RC § 4733.16.
Revocation and suspension; hearing, RC § 4733.20.
Environmental protection -
Director may issue final orders to manufacturer of toxic chemicals, RC § 3751.09.
Fee per ton of certain air contaminant emissions; source's allowable annual emissions, RC § 3745.11.1.
Fees for applications for and issuance of certain documents; additional fee, RC § 3745.11.
Orders to abate violation, RC § 3753.08.
Risk management plan reporting fund, RC § 3753.05.
Safe drinking water, RC § 6109.22.
Solid and hazardous wastes -
Infectious; generators and transporters, RC §§ 3734.02.1, 3734.02.2.
Water pollution, agency proceedings, RC § 6111.06.
Water pollution control loan fund, RC § 6111.03.6.
Fireworks -
Exhibitor's license, RC §§ 3743.51-3743.53.
Manufacturer's license, RC §§ 3743.03, 3743.08.
Wholesaler's license, RC § 3743.16.
Revocation of license, RC § 3743.21.
Storage and business operations, RC § 3743.18.
Health, department of -
Community alternative homes, operation and licensing, RC §§ 3724.03, 3724.05.
Public health council -
Public swimming pool, RC §§ 3749.02, 3749.05.
Insurance, department of -
Cease and desist order, RC § 3901.22.1.
License suspension, revocation or refusal to renew, RC § 3901.37.
Failure to file statement, RC § 3901.42.
Insurance agent's license, RC § 3905.49.
Mergers or acquisitions of domestic insurance companies, RC § 3901.32.1.
Multiple employer welfare arrangements, RC Chapter 1739.
Unfair and deceptive acts, RC § 3901.22.
Job and family services, department of; procedure for adoption of rules, RC § 5101.09.
Lake Erie drainage basin; permit denial, RC § 1501.32.
Landscape architects -
Certificate of authorization requirement, RC § 4703.33.1.
Examiners, state board, RC § 4703.33.
Liquor permit, right of renewal, RC § 4303.27.1.
Medical board, state -
Rules; adjudication proceedings, RC § 4731.05.
Methadone treatment program, RC § 3793.11.
Minimum fair wage standards, rules set by director of commerce, RC § 4111.05.
Nursing -
Board of nursing, RC § 4723.02.
License -
Application, RC § 4723.09.
Disciplinary actions, RC §§ 4723.28, 4723.28.1.
Subpoena of witnesses or records, RC § 4723.29.
Nursing homes; licensing; revocation, RC §§ 3721.03, 3721.07.
Resident's rights, RC § 3721.11 et seq.
Ohio ambulance licensing board, RC § 4766.02 et seq.
Ohio credit services organization act, RC § 4712.03.
Ohio rail development commission franchise agreements, RC § 4981.31.
Optical dispensing -
Ohio optical dispensers board, RC § 4725.44.
Refusal, suspension or revocation of license, RC §§ 4725.53, 4725.54.
Optometrists, continuing education requirements, RC § 4725.16.
Pawnbroker license, RC § 4727.03.
Pharmacy, board of, RC § 4729.66.
Suspension or revocation of registration of terminal distributor, RC § 4729.57.
Precious metals dealer license, RC § 4728.03.
Private investigator, appeal from license suspension, RC § 4749.04.
Psychology, state board of -
Denial, suspension or revocation of license, RC § 4732.17.
Removal of board member, RC § 4732.02.
Unlicensed practice, limitations on prohibitions against, RC § 4732.23.
Radon testing and mitigation, RC § 3723.01 et seq.
Real estate appraisal board, RC §§ 4763.03, 4763.09-4763.11.
Real estate brokers -
Continuing education; suspension or revocation of license for noncompliance, RC § 4735.14.1.
Investigation of complaint; hearing, RC § 4735.05.1.
Registrar of motor vehicles may suspend or revoke operator's license without hearing, RC § 119.06.2.
Respiratory care board -
Hearings, RC § 4761.09.
Sanitarian registration, state board of -
Certificate of registration, RC §§ 4736.11, 4736.13.
Security services -
Appeal from license suspension, RC § 4749.04.
Self-insuring employer status, revocation of, RC § 4123.35.2.
Skiing safety -
Passenger tramways construction and operation, RC § 4169.02.
Suspension of tramway certificate to operate; procedures, RC § 4169.06.
Solid waste management districts -
Adjudication hearing; exception, RC § 3734.52.
Review, public hearing, ratification and approval of management plans, RC § 3734.55.
Speech pathology, board of -
Licensure, RC § 4753.10.
State board of proprietary school registration, RC § 3332.09.1.
State medical board -
Standards for impaired practitioner treatment providers, RC § 4731.25.
State racing commission, RC § 3769.03.
Suspension of license; notice of hearing, RC § 119.07.
Tanning facilities; board of cosmetology, RC § 4713.25.
Therapists -
Occupational; license renewal and suspension, RC §§ 4755.09, 4755.10.
Occupational therapy and physical therapy board, RC § 4755.41.
Physical; license renewal fee, RC § 4755.46.
Wildlife, division of -
Revocation of hunting license, permit or stamp; hearing under RC § 119.06 not required, RC § 1533.17.1.
Ohio Adminstrative Code
Department of job and family services -
Hearing rights and procedures. OAC ch. 5101:6-1 et seq.
RC Chapter 119. hearings. OAC ch. 5101:6-50.
Research Aids
Hearing requirement:
O-Jur3d: Admin L §§ 77, 108, 125
Am-Jur2d: Admin L §§ 200-202
Periodic registration of licenses:
O-Jur3d: Admin L § 124; Bus & Occ § 58
ALR
Entrapment as a defense in proceedings to revoke or suspend license to practice law or medicine. 61 ALR3d 357.
Necessity of notice and hearing before revocation or suspension of motor vehicle driver's license. 60 ALR3d 361.
Pardon as restoring public office or license or eligibility therefor. 58 ALR3d 1191.
Plea of nolo contendere or non vult contendere. 89 ALR2d 540.
Revocation of nurse's license to practice profession. 55 ALR3d 1141.
Revocation or suspension of insurance agent's license for withholding or misappropriation of premiums. 17 ALR4th 1106.
Revocation or suspension of license of professional engineer. 64 ALR3d 509.
Revocation or suspension of license or permit to practice pharmacy or operate drugstore because of improper sale or distribution of narcotic or stimulant drugs. 17 ALR3d 1408.
Revocation or suspension of license to practice architecture. 58 ALR4th 543.
Revocation or suspension of real-estate broker's license for violation of statutes or regulations prohibiting use of unlicensed personnel in carrying out duties. 68 ALR3d 530.
Sufficiency of notice and hearing before revocation or suspension of motor vehicle driver's license. 60 ALR3d 427.
Validity and construction of state statutory provision forbidding court to stay, pending review, judgment or order revoking or suspending professional, trade, or occupational license. 42 ALR4th 516.
Law Review
Administrative adjudications: an overview of the existing models and their failure to achieve uniformity and a proposal for a uniform adjudicatory framework. Comment. 46 Ohio St. L.J. 355 (1985).
Administrative res judicata in Ohio: a suggestion for the future. Comment. 37 Clev. St. L. Rev. 595 (1989).
Administrative review and the Ohio modern courts amendment. Ivan Cate Rutledge. 35 Ohio St. L.J. 41 (1974).
Due process and the Ohio administrative procedure act: the central panel proposal. Christopher B. McNeil. 23 Ohio N.U.L. Rev. 783 (1997).
The Federal APA and state administrative law. Earl Bonfield. 72 VirginiaLRev 297 (1986).
Legislative control over administrative rule making. Charles H. Melville. 32 CinLRev 33 (1963).
Legislative veto in Ohio: the "twilight zone of distinction." Note. 9 UDayLRev 557 (1984).
The right of appeal by administrative authority from adverse judicial rulings. Ervin H. Pollack, Harriet S. Martin. 14 Ohio St. L.J. 408 (1953).
CASE NOTES AND OAG
Analysis
Action without adjudicatory hearing.
Adjudication hearing.
- Applicability.
Application of other laws.
Building regulations.
Effect of agency's noncompliance.
Request for hearing.
Suspension or revocation procedures.
Action without adjudicatory hearing
The Chief of the Division of Oil and Gas of the Department of Natural Resources may issue permits without a formal adjudicatory hearing: Shiner v. Edco Drilling & Production, Inc., 34 Ohio App. 3d 178, 517 N.E.2d 1044 (1986).
Interested nonparties whose interests are not the subject of an Ohio Environmental Protection Agency adjudication are not entitled to a pre-adjudication hearing since their hearing rights are specifically set forth in RC § 3745.07: Rings v. Nichols, 13 Ohio App. 3d 257, 13 Ohio B. 320, 468 N.E.2d 1123 (1983).
Where an application for a charitable bingo license is rejected on the basis that an investigation revealed numerous prior violations, the applicant is entitled to a pre-adjudication hearing: Boys Town v. Brown, 69 Ohio St. 2d 1, 23 Ohio Op. 3d 1, 429 N.E.2d 1171 (1981).
There is no right to a pretermination hearing where a provider agreement is terminated because HEW has declared the provider ineligible for the Medicare program: New London Hospital v. Creasy, 18 Ohio Op. 3d 201 (App 1980).
Revised Code §§ 119.06 and 4509.04 authorize an owner of a motor vehicle to request and be granted a hearing pursuant to RC § 119.01 et seq (administrative procedure act), to determine the validity of the registrar's order suspending his driver's license and motor vehicle registration: Toledo v. Bernoir, 18 Ohio St. 2d 94, 47 Ohio Op. 2d 241, 247 N.E.2d 740 (1969).
An applicant for a real estate broker's license who has been refused a license by the state board of real estate examiners on the ground that he failed to make the minimum grade of 75% at the examination given to him, by such board may ask for and must be given an adjudication hearing before such board as provided by GC § 154-67, and §§ 154-69 to 154-71 (RC §§ 119.06, and 119.08 to 119.10), inclusive, at which hearing he has the burden of proving by a preponderance of the evidence that he made the minimum grade at the examination given to him by such board, and if such board makes an adjudication order following such hearing that he is not entitled to a license because of his failure to pass the examination, he may then appeal from such order to the court of common pleas as provided for under GC § 154-73 (RC § 119.12): In re Gram, 39 Ohio Op. 477, 53 Ohio L. Ab. 470, 86 N.E.2d 48 (CP 1948).
An agency is required by RC § 119.06 to hold a hearing prior to issuing an adjudication order, unless one of the exemptions set forth in the statute applies. This requirement is applicable to a determination by the Director of Transportation, pursuant to RC Chapter 5516., to deny a permit to advertise off-premise businesses on a billboard located outside an urban area: Liberty Bell, Inc. v. Ohio Dept. of Transp., 34 Ohio App. 3d 267, 518 N.E.2d 32 (1986).
Revised Code § 4507.08(D) provides the appeal procedure to be followed by a person whose application for an operator's license is denied because of an alleged current suspension or revocation of a foreign operator's license. However, when the Registrar of Motor Vehicles wrongly issues an Ohio operator's license to a person alleged to have his foreign operator's license under suspension or revocation at the time of the application for his Ohio license, RC Chapter 119., rather than RC § 4507.08(D), provides the procedure to be followed in order to cancel or revoke the alleged wrongly issued Ohio operator's license: Columbus v. Sliker, 30 Ohio App. 3d 74, 30 Ohio B. 130, 506 N.E.2d 287 (1986).
Notice and hearing requirements of RC Chapter 119. have no application to determinations made by the tax commissioner, since RC § 5717.02 provides a right of appeal to the board of tax appeals: Yale v. Lindley, 10 Ohio St. 3d 5, 10 Ohio B. 5, 460 N.E.2d 255 (1984).
Neither RC §§ 3745.05 nor 3745.07 abrogates the opportunity for a prior hearing guaranteed by RC § 119.06: General Motors Corp. v. McAvoy, 63 Ohio St. 2d 232, 17 Ohio Op. 3d 143, 407 N.E.2d 527 (1980).
The disapproval of building plans by a municipal building commission is an appealable adjudication order effective without a hearing, and the subsequent initiation of injunction proceedings under RC § 3781.15 is proper: Solon v. Solon Baptist Temple, 8 Ohio App. 3d 347, 8 Ohio B. 458, 457 N.E.2d 858 (1982).
An order of the Ohio board of building appeals directing the owner of a restaurant to enclose a stairway and install a firewall, supported by reliable probative and substantial evidence, is reasonable and will be affirmed on appeal to the common pleas court: Woody's Market, Inc. v. Board of Bldg. Appeals, 58 Ohio Op. 2d 509, 283 N.E.2d 459 (CP 1970).
Effect of agency's noncompliance
When an agency issues an adjudication order, it must hold a hearing pursuant to RC § 119.06 and any order issued without such a hearing is invalid: In re Mingo Junction Safety Forces Assn., Local No. 1, 74 Ohio App. 3d 313, 598 N.E.2d 1233 (1991).
Where an agency does not follow the statutory requirements of notice and of holding a hearing prior to issuing an adjudication order, an adverse party is not required to bring an action in mandamus to compel the agency to do that which it was aware it should do but elected not to do. The agency is estopped to assert error based on its own violations and a court of common pleas has subject matter jurisdiction over an appeal from an order made pursuant to RC § 1509.08.1: Ohio Liquid Disposal, Inc. v. Dawe, 46 Ohio App. 2d 197, 75 Ohio Op. 2d 344, 347 N.E.2d 541 (1975).
A person affected by a proposed agency action has an affirmative duty to request a hearing: Hurst v. Liberty-Bel, Inc., 117 Ohio App. 3d 138, 690 N.E.2d 40 (1997).
No provision of the liquor control act assures to the applicant for a permit the right to be heard on the matter, but a hearing is accorded upon request under the administrative procedure act: Skall v. State, 72 Ohio L. Ab. 134, 134 N.E.2d 390 (App 1953).
Suspension or revocation procedures
Revised Code §§ 119.06 through 119.10 combine to set forth in detail the administrative procedures for the suspension or revocation of state licenses: In re Barnes, 31 Ohio App. 3d 201, 31 Ohio B. 470, 510 N.E.2d 392 (1986).