Effective: December 19, 2013
Latest Legislation: Senate Bill 68 - 130th General Assembly
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, architects board, Ohio landscape architects board, 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.
Structure Ohio Revised Code
Chapter 119 | Administrative Procedure
Section 119.01 | Administrative Procedure Definitions.
Section 119.02 | Compliance - Validity of Rules.
Section 119.03 | Procedure for Adoption, Amendment, or Rescission of Rules.
Section 119.035 | Appointing Advisory Committee.
Section 119.037 | Publication in Register of Ohio Gives Notice of Rule.
Section 119.038 | Electronic Publication of the Register of Ohio.
Section 119.039 | Reimbursement for Publishing Documents in Register.
Section 119.0311 | Guide to Public Participation in Rule-Making.
Section 119.04 | Administrative Rule Effective Dates.
Section 119.061 | Power of Certain Agencies.
Section 119.062 | Revocation or Suspension of Driver's License.
Section 119.08 | Date, Time, and Place of Adjudication Hearing.
Section 119.09 | Adjudication Hearing.
Section 119.091 | Failure of Agency to Hold Adjudication Hearing Before Expiration of License.
Section 119.092 | Attorney Fees.
Section 119.093 | Defining Net Worth for Purpose of Attorney Fees.
Section 119.094 | Adjudication Hearing Witness Fees.
Section 119.10 | Counsel to Represent Agency.
Section 119.12 | Appeal by Party Adversely Affected - Notice - Record - Hearing - Judgment.
Section 119.121 | Effect of Expiration of License on Appeal Process.
Section 119.13 | Representation of Parties.
Section 119.14 | Waiver of Penalties for First-Time Paperwork Offenses.