At any adjudication hearing required by sections 119.01 to 119.13, inclusive, of the Revised Code, the record of which may be the basis of an appeal to court, and in all proceedings in the courts of this state or of the United States, the attorney general or any of his assistants or special counsel who have been designated by him shall represent the agency.
HISTORY: GC § 154-71; 120 v 358; 121 v 578; Bureau of Code Revision. Eff 10-1-53.
Cross-References to Related Sections
Board of building appeals; members, RC § 3781.19.
Environmental review appeals commission hearings, RC §§ 3745.05, 3745.07.
Research Aids
Representation of parties:
O-Jur3d: Admin L § 100; State § 151
Am-Jur2d: Admin L §§ 304-306
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 review and the Ohio modern courts amendment. Ivan Cate Rutledge. 35 Ohio St. L.J. 41 (1974).
The continued viability of Ohio's procedure for legislative review of agency rules in the post-Chadha era. Comment. 49 Ohio St. L.J. 251 (1988).
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
Constitutionality.
Evidence.
Revised Code § 119.10 is not unconstitutional insofar as it creates a dual role for the attorney general as both prosecutor and adviser to the agency. The statute provides that the assistant attorney general assigned to represent the agency in the prosecution is not entitled to take part in the agency's post-hearing deliberations: DeBlanco v. Ohio State Medical Bd., 78 Ohio App. 3d 194, 604 N.E.2d 212 (1992).
Secondary evidence is sufficient to support a decision of the board of tax appeals: Gennaro Pavers v. Kosydar, 42 Ohio St. 2d 491, 71 Ohio Op. 2d 496, 330 N.E.2d 665 (1975).