Templates Administrative Law Administrative Hearing Request Packet - Ohio

Administrative Hearing Request Packet - Ohio

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ADMINISTRATIVE HEARING REQUEST PACKET

STATE OF OHIO

ADJUDICATION HEARING — OHIO REVISED CODE CHAPTER 119


PART I: COVER SHEET AND FILING INFORMATION


Case Information

Field Entry
Agency Case/Reference Number [________________________________]
Agency Docket Number (if assigned) [________________________________]
State Agency Issuing Action [________________________________]
Agency Division/Bureau [________________________________]
Date of Proposed Agency Action [__/__/____]
Date Notice Mailed/Served [__/__/____]
Statutory Filing Deadline (30 days) [__/__/____]
Date of This Filing [__/__/____]

Type of Agency Action Being Challenged

☐ Denial of License, Permit, or Certification
☐ Proposed Revocation of License, Permit, or Certification
☐ Proposed Suspension of License, Permit, or Certification
☐ Proposed Refusal to Renew License, Permit, or Certification
☐ Modification or Restriction of License, Permit, or Certification
☐ Denial of Benefits or Services
☐ Reduction or Termination of Benefits
☐ Imposition of Fine, Penalty, or Assessment
☐ Enforcement Action / Order
☐ Proposed Rule Affecting Party's Rights
☐ Other Proposed Agency Action: [________________________________]

Petitioner / Requesting Party Information

Field Entry
Full Legal Name [________________________________]
Title/Position (if applicable) [________________________________]
Entity Name (if applicable) [________________________________]
Entity Type ☐ Individual ☐ Corporation ☐ LLC ☐ Partnership ☐ Government Entity ☐ Non-Profit ☐ Other: [____]
Street Address [________________________________]
City, State, ZIP [________________________________]
County [________________________________]
Mailing Address (if different) [________________________________]
Telephone Number [________________________________]
Fax Number [________________________________]
Email Address [________________________________]
Ohio License/Registration Number (if applicable) [________________________________]

Attorney / Representative Information

Field Entry
Name [________________________________]
Ohio Supreme Court Registration Number [________________________________]
Firm Name [________________________________]
Street Address [________________________________]
City, State, ZIP [________________________________]
Telephone Number [________________________________]
Fax Number [________________________________]
Email Address [________________________________]
Representation Type ☐ Attorney ☐ Authorized Representative ☐ Pro Se

Respondent Agency Information

Field Entry
Agency Name [________________________________]
Division/Bureau/Section [________________________________]
Contact Person [________________________________]
Street Address [________________________________]
City, State, ZIP [________________________________]
Telephone Number [________________________________]
Fax Number [________________________________]
Email Address [________________________________]

PART II: REQUEST FOR ADJUDICATION HEARING


BEFORE THE [NAME OF AGENCY]

STATE OF OHIO


In the Matter of:

[________________________________]

Agency Case No.: [________________________________]


REQUEST FOR ADJUDICATION HEARING

Pursuant to Ohio Revised Code § 119.07


The undersigned Petitioner, [________________________________] ("Petitioner"), by and through [his/her/its/their] attorney, [________________________________], Esq. (or appearing pro se), hereby requests an adjudication hearing pursuant to Ohio Revised Code Chapter 119 and respectfully states as follows:

Basis for Hearing Request

  1. Agency Notice Received: On or about [__/__/____], the [NAME OF AGENCY] ("Agency") served Petitioner with a [Notice of Proposed Action / Notice of Opportunity for Hearing / Notice of Intent to [revoke/suspend/deny/modify] / Order] ("Notice"), Agency Case No. [________________________________].

  2. Date of Service: The Notice was served upon Petitioner by [certified mail / personal service / regular mail / electronic service] on [__/__/____].

  3. Timeliness of Request: Pursuant to Ohio Revised Code § 119.07, Petitioner is entitled to a hearing if the hearing is requested within thirty (30) days of the time of service of the Notice. The Notice was served on [__/__/____], making the filing deadline [__/__/____]. This Request is timely filed on [__/__/____].

  4. Right to Hearing: Petitioner is entitled to an adjudication hearing pursuant to:
    - Ohio Revised Code § 119.06 (adjudication order valid only after opportunity for hearing)
    - Ohio Revised Code § 119.07 (right to request hearing within 30 days)
    - [________________________________] (specific enabling statute for the agency action at issue)
    - [________________________________] (additional statutory authority, if applicable)

  5. Charges/Reasons Stated in Notice: The Notice states the following charges or reasons for the proposed action:

a. [________________________________]
b. [________________________________]
c. [________________________________]
d. [________________________________]

  1. Laws or Rules Cited in Notice: The Notice references the following laws or rules:

a. [________________________________]
b. [________________________________]
c. [________________________________]

  1. Petitioner's Response: Petitioner denies the charges and/or contests the proposed agency action and requests a full adjudication hearing as permitted by law.

PART III: STATEMENT OF THE CASE


A. Parties

  1. Petitioner, [________________________________], is a [individual residing / corporation organized under the laws of Ohio / limited liability company / partnership / other: ________________________________] with a principal place of [business / residence] located at [________________________________], County of [________________________________], State of Ohio.

  2. Respondent, [NAME OF AGENCY], is a [state agency / board / commission / department] of the State of Ohio, created and existing under [cite enabling statute — e.g., Ohio Rev. Code Chapter ____], with offices located at [________________________________], Columbus, Ohio [ZIP].

B. Factual Background

  1. [Provide a concise narrative of the factual background giving rise to the agency action. Include relevant dates, events, communications, and the chronological sequence leading to the agency's proposed action.]

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

  1. On or about [__/__/____], [describe the triggering event — e.g., Petitioner applied to the Agency for ____, the Agency commenced an investigation of ____, the Agency conducted an inspection of ____, etc.].

[________________________________]
[________________________________]
[________________________________]

  1. On or about [__/__/____], the Agency [describe subsequent action — e.g., issued a Notice of Proposed Revocation, denied Petitioner's application, issued a citation for ____, etc.].

[________________________________]
[________________________________]
[________________________________]

  1. The Agency's proposed action would [describe the specific consequences — e.g., revoke Petitioner's license to ____, deny Petitioner the right to ____, impose a fine of $____, suspend Petitioner's certification for ____ days, etc.].

C. Specific Agency Action Being Challenged

  1. The specific agency action being challenged is: [________________________________].

  2. A true and correct copy of the Agency's Notice dated [__/__/____] is attached hereto as Exhibit A.

  3. [If applicable: Petitioner has previously [filed an administrative appeal / requested informal review / exhausted internal remedies] on [__/__/____], which was [denied / not resolved / pending]. Documentation of this is attached as Exhibit B.]


PART IV: JURISDICTIONAL STATEMENT


  1. Jurisdiction for this adjudication hearing is proper pursuant to:

a. Ohio Revised Code § 119.06 — Provides that no adjudication order of an agency shall be valid unless the party affected by the order has been given notice of the agency's intention to make such order and has been given an opportunity for a hearing in accordance with ORC §§ 119.01 to 119.13.

b. Ohio Revised Code § 119.07 — Requires that notice of a proposed agency action inform the party that the party is entitled to a hearing if requested within thirty (30) days, and that the party may appear in person, by attorney, or by authorized representative, present evidence, and examine witnesses.

c. Ohio Revised Code § 119.09 — Governs the conduct of adjudication hearings, including the right to subpoenas, presentation of evidence, and creation of a stenographic record.

d. [________________________________] — [Cite the agency's specific enabling statute that authorizes the type of action being taken and provides for a hearing right — e.g., Ohio Rev. Code § ____, Ohio Admin. Code § ____, etc.].

  1. Petitioner has standing to request this hearing because [he/she/it] is a "party" within the meaning of Ohio Revised Code § 119.01(C), being a person whose rights, duties, privileges, benefits, or legal relations are affected by the Agency's proposed action.

  2. This matter is ripe for hearing because the Agency has issued a notice of proposed action and Petitioner has timely requested a hearing within the thirty (30) day period prescribed by Ohio Revised Code § 119.07.


PART V: STATEMENT OF ISSUES


The following issues are presented for determination in this adjudication hearing:

Issue 1:

Whether the Agency's proposed [describe the specific action — e.g., revocation of Petitioner's license, denial of Petitioner's application, imposition of a fine in the amount of $____] is supported by reliable, probative, and substantial evidence and is in accordance with law, as required for valid adjudication orders under Ohio Revised Code § 119.12.

[________________________________]

Issue 2:

Whether the Agency [describe procedural or substantive issue — e.g., provided adequate notice in accordance with ORC § 119.07, properly applied the standards of ORC § ____ or OAC § ____, considered all relevant evidence, violated Petitioner's due process rights, etc.].

[________________________________]

Issue 3:

Whether [describe additional legal or factual issue — e.g., the evidence supports the Agency's charge that Petitioner ____, the Agency's interpretation of ORC § ____ or OAC § ____ is correct, the proposed sanction is proportionate to the alleged violation, etc.].

[________________________________]

Issue 4:

Whether [________________________________].

Issue 5:

Whether [________________________________].

(Petitioner reserves the right to supplement this statement of issues as additional facts and legal issues become known.)


PART VI: STATEMENT OF FACTS


Petitioner alleges the following facts in support of this Request for Hearing:

Background Facts

  1. [________________________________]

  2. [________________________________]

  3. [________________________________]

  4. [________________________________]

  5. [________________________________]

Facts Relating to Petitioner's Compliance / Qualifications

  1. [________________________________]

  2. [________________________________]

  3. [________________________________]

  4. [________________________________]

  5. [________________________________]

Facts Relating to the Agency's Proposed Action

  1. [________________________________]

  2. [________________________________]

  3. [________________________________]

  4. [________________________________]

  5. [________________________________]

Facts Demonstrating Error in the Agency's Proposed Action

  1. [________________________________]

  2. [________________________________]

  3. [________________________________]

  4. [________________________________]

  5. [________________________________]

Facts Relating to Harm and Prejudice

  1. As a direct result of the Agency's proposed action, Petitioner has suffered and/or will suffer the following harm: [________________________________].

  2. [________________________________]

  3. [________________________________]

  4. [________________________________]

  5. [________________________________]

(Petitioner reserves the right to supplement this Statement of Facts as additional facts become known through investigation and hearing preparation.)


PART VII: LEGAL BASIS FOR CHALLENGE


Petitioner challenges the Agency's proposed action on the following legal grounds:

Ground 1: The Agency's Proposed Action Is Not Supported by Reliable, Probative, and Substantial Evidence

  1. Under Ohio Revised Code § 119.12, a reviewing court shall affirm an agency order only if it finds that the order is "supported by reliable, probative, and substantial evidence and is in accordance with law." The Agency's proposed action fails to meet this standard because: [________________________________].

  2. The facts alleged by the Agency are [inaccurate / incomplete / taken out of context / unsupported by evidence] in that: [________________________________].

  3. [________________________________]

Ground 2: The Agency's Proposed Action Is Not in Accordance with Law

  1. The Agency's proposed action is contrary to the following statutes and/or regulations:

a. Ohio Revised Code § [________________________________], which provides: [________________________________].

b. Ohio Administrative Code § [________________________________], which provides: [________________________________].

c. [________________________________]

  1. The Agency has [misinterpreted / misapplied / exceeded its authority under] the applicable law in that: [________________________________].

  2. [________________________________]

Ground 3: The Agency Failed to Follow Required Procedures

  1. The Agency failed to comply with the procedural requirements of Ohio Revised Code Chapter 119 and/or its own rules in that: [________________________________].

  2. Specifically, the Agency [failed to provide adequate notice under ORC § 119.07 / failed to follow its own hearing procedures / violated the requirements of OAC § ____ / other: ________________________________].

  3. [________________________________]

Ground 4: The Proposed Sanction Is Excessive or Disproportionate

  1. Even if the Agency's factual findings are correct, the proposed [revocation / suspension / fine / penalty / denial] is excessive, disproportionate, and not reasonably related to the alleged violation because: [________________________________].

  2. [________________________________]

Ground 5: Violation of Constitutional Rights

  1. The Agency's proposed action violates Petitioner's rights under [the Ohio Constitution, Article ____, Section ____ / the United States Constitution, Amendment ____], specifically the right to [due process / equal protection / other: ________________________________], because: [________________________________].

  2. [________________________________]

Ground 6: Additional Legal Grounds

  1. [________________________________]

  2. [________________________________]

(Petitioner reserves the right to assert additional legal grounds as the case develops.)


PART VIII: RELIEF REQUESTED


WHEREFORE, Petitioner respectfully requests that the Agency:

  1. Schedule an adjudication hearing within the time prescribed by Ohio Revised Code § 119.09, but not sooner than seven (7) days after the filing of this Request, unless the parties agree to an earlier date.

  2. Deny and dismiss the Agency's proposed [revocation / suspension / denial / fine / penalty / other: ________________________________] in its entirety.

  3. Find that the Agency's proposed action is not supported by reliable, probative, and substantial evidence and is not in accordance with law.

  4. Maintain Petitioner's [license / permit / certification / benefits / other: ________________________________] in full force and effect without restriction, modification, or condition.

  5. Stay the Agency's proposed action pending the outcome of this hearing, as more fully set forth in Part IX below.

  6. Issue subpoenas for witnesses and documents as identified in Part X below and as may be necessary during the hearing process.

  7. Grant Petitioner such other and further relief as the Agency deems just and equitable under the circumstances.


PART IX: REQUEST FOR STAY OF AGENCY ACTION


Application for Stay Pending Hearing

Petitioner hereby requests that the Agency's proposed action be stayed pending the completion of the adjudication hearing and the issuance of a final adjudication order.

Basis for Stay

  1. Statutory Basis: Under Ohio law, certain agency actions are automatically stayed upon the filing of a timely hearing request. [Cite specific provision if applicable — e.g., ORC § ____ provides that ____.] Petitioner requests that the Agency confirm whether an automatic stay applies to this proceeding.

  2. Irreparable Harm: If the Agency's proposed action takes effect before the hearing is completed, Petitioner will suffer irreparable harm because: [________________________________].

  3. Likelihood of Success: Petitioner has a substantial likelihood of prevailing on the merits because: [________________________________].

  4. Balance of Harms: The potential harm to Petitioner if the stay is denied outweighs the potential harm to the Agency and/or the public if the stay is granted because: [________________________________].

  5. Public Interest: The public interest supports the issuance of a stay because: [________________________________].

Specific Stay Requested

Petitioner requests the following specific stay:

[________________________________]
[________________________________]
[________________________________]

Duration of Stay

Petitioner requests that the stay remain in effect until:

☐ The completion of the adjudication hearing and issuance of a final adjudication order
☐ Further order of the hearing officer or agency
☐ The fifteenth (15th) day following mailing of the adjudication order (the appeal period under ORC § 119.12)
☐ Other: [________________________________]


PART X: DISCOVERY AND SUBPOENA REQUESTS


A. Request for Production of Documents

Petitioner requests that the Agency produce the following documents in advance of the adjudication hearing:

  1. The complete investigative file and all documents, memoranda, and other materials relating to the Agency's proposed action against Petitioner.

  2. All internal communications, memoranda, emails, and notes relating to the Agency's investigation, review, or decision-making process concerning Petitioner.

  3. All complaints, reports, or other information received by the Agency from third parties relating to the subject matter of this proceeding.

  4. All policies, procedures, guidelines, manuals, and training materials used by the Agency in making the type of determination at issue in this case.

  5. All records of comparable cases in which the Agency has taken similar action against similarly situated parties within the past five (5) years.

  6. All documents the Agency intends to introduce as evidence at the hearing.

  7. The names and addresses of all witnesses the Agency intends to call at the hearing and a summary of their expected testimony.

  8. [________________________________]

  9. [________________________________]

  10. [________________________________]

B. Interrogatories

Petitioner propounds the following interrogatories to the Agency:

  1. Identify all persons who participated in the investigation, review, or decision-making process leading to the proposed agency action.

  2. State the complete factual basis for each charge or reason stated in the Notice.

  3. Identify all documents, records, and other materials reviewed or relied upon by the Agency in reaching the proposed action.

  4. Describe in detail the procedures followed by the Agency in investigating or reviewing this matter.

  5. State whether the Agency has taken similar action against other parties under comparable circumstances within the past five (5) years, and if so, identify such cases and describe the outcomes.

  6. Identify all expert witnesses, if any, the Agency intends to call at the hearing, along with their qualifications and expected testimony.

  7. [________________________________]

  8. [________________________________]

C. Request for Subpoenas

Pursuant to Ohio Revised Code § 119.09, Petitioner requests the issuance of subpoenas for the following witnesses and/or documents:

No. Witness / Entity Type Subject Matter
1 [________________________________] ☐ Testimony ☐ Duces Tecum ☐ Both [________________________________]
2 [________________________________] ☐ Testimony ☐ Duces Tecum ☐ Both [________________________________]
3 [________________________________] ☐ Testimony ☐ Duces Tecum ☐ Both [________________________________]
4 [________________________________] ☐ Testimony ☐ Duces Tecum ☐ Both [________________________________]
5 [________________________________] ☐ Testimony ☐ Duces Tecum ☐ Both [________________________________]

Note: Under ORC § 119.09, the agency may require the attendance of witnesses and the production of books, records, and papers, and may take depositions of witnesses residing within or outside the state. Upon request of any party receiving notice of hearing as required by ORC § 119.07, the agency shall issue subpoenas.


PART XI: WITNESS LIST


Petitioner identifies the following witnesses who may be called to testify at the hearing:

Fact Witnesses

No. Witness Name Address / Contact Subject of Testimony
1 [________________________________] [________________________________] [________________________________]
2 [________________________________] [________________________________] [________________________________]
3 [________________________________] [________________________________] [________________________________]
4 [________________________________] [________________________________] [________________________________]
5 [________________________________] [________________________________] [________________________________]

Expert Witnesses

No. Expert Name Qualifications / Area of Expertise Subject of Testimony
1 [________________________________] [________________________________] [________________________________]
2 [________________________________] [________________________________] [________________________________]
3 [________________________________] [________________________________] [________________________________]

(Petitioner reserves the right to supplement this witness list prior to and during the hearing.)


PART XII: EXHIBIT LIST


Petitioner identifies the following exhibits that may be introduced at the hearing:

Exhibit Description Date Pages
A Agency Notice of Proposed Action dated [__/__/____] [__/__/____] [____]
B [________________________________] [__/__/____] [____]
C [________________________________] [__/__/____] [____]
D [________________________________] [__/__/____] [____]
E [________________________________] [__/__/____] [____]
F [________________________________] [__/__/____] [____]
G [________________________________] [__/__/____] [____]
H [________________________________] [__/__/____] [____]
I [________________________________] [__/__/____] [____]
J [________________________________] [__/__/____] [____]

(Petitioner reserves the right to supplement this exhibit list as the hearing approaches.)


PART XIII: CERTIFICATE OF SERVICE


CERTIFICATE OF SERVICE

I, [________________________________], hereby certify that on this [____] day of [________________________________], [________], a true and correct copy of the foregoing Request for Adjudication Hearing, together with all exhibits and attachments, was served upon the following by the method(s) indicated:

Respondent Agency:

Name: [________________________________]
Division: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

☐ Personal Service
☐ Certified Mail, Return Receipt Requested (Tracking No.: [________________________________])
☐ Regular U.S. Mail, First Class, Postage Prepaid
☐ Facsimile (Fax No.: [________________________________])
☐ Electronic Mail (Email: [________________________________])

Agency Attorney / Legal Counsel (if known):

Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

☐ Personal Service
☐ Certified Mail, Return Receipt Requested (Tracking No.: [________________________________])
☐ Regular U.S. Mail, First Class, Postage Prepaid
☐ Facsimile (Fax No.: [________________________________])
☐ Electronic Mail (Email: [________________________________])

Additional Party (if applicable):

Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

☐ Personal Service
☐ Certified Mail, Return Receipt Requested
☐ Regular U.S. Mail, First Class, Postage Prepaid
☐ Facsimile
☐ Electronic Mail


Signature: [________________________________]
Name: [________________________________]
Date: [__/__/____]


PART XIV: VERIFICATION / AFFIDAVIT


VERIFICATION

STATE OF OHIO
COUNTY OF [________________________________]

Before me, the undersigned authority, personally appeared [________________________________], who, being duly sworn, deposes and states:

  1. I am the Petitioner in this matter [or: I am the [title] of [entity name], the Petitioner in this matter, and am authorized to execute this Verification on behalf of the Petitioner].

  2. I have read the foregoing Request for Adjudication Hearing, including all attachments and exhibits, and the statements of fact contained therein are true and correct to the best of my knowledge, information, and belief.

  3. I understand that the making of false statements herein may subject me to penalties for falsification under Ohio Revised Code § 2921.13.


Signature: [________________________________]
Name (Printed): [________________________________]
Title (if applicable): [________________________________]
Date: [__/__/____]


Sworn to and subscribed before me
this [____] day of [________________], [________].

[________________________________]
Notary Public, State of Ohio
My Commission Expires: [__/__/____]

(Notary Seal)


PART XV: SIGNATURE BLOCK


Respectfully submitted,


Signature: [________________________________]

Name: [________________________________]

Ohio Supreme Court Registration No.: [________________________________]

Firm Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Fax: [________________________________]

Email: [________________________________]

Date: [__/__/____]

Attorney for Petitioner [________________________________]


— OR, if Pro Se —


Signature: [________________________________]

Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Date: [__/__/____]

Petitioner, Pro Se


PART XVI: FILING INSTRUCTIONS AND CHECKLIST


Filing Checklist

Complete the following checklist before submitting the hearing request:

Document Preparation

☐ Request for Adjudication Hearing completed in full
☐ All fillable fields completed with accurate information
☐ Statement of the Case includes factual background and specific agency action challenged
☐ Jurisdictional Statement identifies applicable statutes
☐ Statement of Issues clearly identifies the legal and factual questions presented
☐ Statement of Facts provides detailed factual allegations
☐ Legal Basis for Challenge identifies specific statutes and regulations
☐ Relief Requested clearly stated
☐ Request for Stay completed (if applicable)
☐ Discovery requests and subpoena requests prepared (if filing contemporaneously)
☐ Witness List prepared (preliminary)
☐ Exhibit List prepared with copies of referenced documents
☐ Certificate of Service completed
☐ Verification executed and notarized
☐ Signature block completed

Critical Deadline Verification

☐ Date of agency notice confirmed: [__/__/____]
☐ 30-day filing deadline calculated: [__/__/____]
☐ This request is being filed on or before the deadline: ☐ Yes ☐ No
☐ If the deadline falls on a weekend or holiday, the next business day applies

Copies and Attachments

☐ Original plus [____] copies prepared (check agency requirements — typically original plus two copies)
☐ Copy of Agency Notice attached as Exhibit A
☐ Copy of any prior correspondence with the Agency attached
☐ Supporting documentation organized and labeled
☐ Cover letter to agency prepared (if required or desired)

Filing Method

☐ Filing method confirmed: ☐ In Person ☐ U.S. Mail ☐ Certified Mail ☐ Electronic Filing ☐ Fax
☐ Filing fee paid (if applicable): $[____]
☐ Filed with the correct agency (the agency that issued the notice)

Service

☐ Copy served on the Respondent Agency (if filing by mail, serve a separate copy)
☐ Copy served on Agency Attorney / Legal Counsel (if known)
☐ Copy served on all other parties (if applicable)
☐ Proof of service retained
☐ Certificate of Service completed and filed

Post-Filing

☐ Confirmation of receipt obtained from the Agency
☐ Calendar hearing date (within 7-15 days of request, per ORC § 119.09)
☐ Prepare for hearing (gather evidence, organize witnesses, prepare testimony)
☐ Calendar 15-day appeal deadline from mailing of adjudication order (ORC § 119.12)

Agency Filing Address

File the hearing request with the Agency that issued the notice:

Agency Name: [________________________________]
Attn: [________________________________]
Filing Address: [________________________________]
City, State, ZIP: [________________________________]
Phone: [________________________________]
Fax: [________________________________]
Email: [________________________________]


PART XVII: OHIO-SPECIFIC PRACTICE NOTES


A. Overview of Ohio Administrative Hearing Process

  1. Administrative Procedure Act: Ohio's Administrative Procedure Act is codified in Ohio Revised Code Chapter 119 (ORC §§ 119.01 through 119.13). This chapter governs the process by which state agencies propose and issue orders, including the right to hearings and judicial review.

  2. Applicability: ORC Chapter 119 applies when an agency is "required by law" to afford an opportunity for a hearing before making an adjudication order. Not all agency actions require a Chapter 119 hearing; the requirement depends on the agency's enabling statute.

  3. Notice Requirements (ORC § 119.07): Before an agency may make an adjudication order, it must give the affected party written notice including: (a) the charges or reasons for the proposed action; (b) the law or rule directly involved; and (c) a statement that the party is entitled to a hearing if requested within thirty (30) days. Notice must be served in accordance with ORC § 119.05.

B. Hearing Timeline and Scheduling

  1. 30-Day Request Period: The party must request a hearing within thirty (30) days of the time of service of the notice (ORC § 119.07). Failure to request a hearing within this period generally results in waiver.

  2. Hearing Scheduling (ORC § 119.09): The hearing must be set within fifteen (15) days but not sooner than seven (7) days after the request is filed, unless both parties agree to a different date or a continuance is granted.

  3. Continuances: Continuances may be granted upon request of either party for good cause shown, or by agreement of the parties.

C. Hearing Officers

  1. Agency or Referee/Examiner: The hearing may be conducted by the agency itself or by a referee or examiner appointed by the agency (ORC § 119.09). The referee or examiner must be admitted to the practice of law in Ohio.

  2. Referee's Report: If a referee or examiner conducts the hearing, the referee shall submit a written report to the agency setting forth findings of fact, conclusions of law, and a recommendation of the action to be taken by the agency.

  3. Objections to Referee's Report: The agency may adopt, modify, or reject the referee's report. Parties may have the opportunity to file objections to the referee's report before the agency issues its final order (check the agency's specific rules).

D. Evidence and Hearing Procedures

  1. Rules of Evidence: Formal rules of evidence are relaxed in Ohio administrative hearings. However, the agency shall pass upon the admissibility of evidence (ORC § 119.09). If the agency refuses to admit evidence, the party may make a proffer, which becomes part of the record.

  2. Stenographic Record: A stenographic record of all testimony and other evidence shall be taken at the expense of the agency (ORC § 119.09). The record shall include all testimony, evidence, and rulings on admissibility.

  3. Burden of Proof: In most cases, the agency bears the burden of proving the charges or grounds for the proposed action. The standard is typically "reliable, probative, and substantial evidence." In application denial cases, the applicant may bear the burden.

  4. Right to Present Evidence: At the hearing, the party may appear in person, by attorney, or by authorized representative; present the party's position, arguments, or contentions in writing; present evidence; and examine witnesses (ORC § 119.07).

  5. Subpoenas (ORC § 119.09): Upon request of any party receiving notice under ORC § 119.07, the agency shall issue a subpoena for any witness or a subpoena duces tecum to compel the production of books, records, or papers. The agency may also take depositions of witnesses within or outside the state.

E. Adjudication Orders

  1. Written Order Required: Following the hearing, the agency shall issue a written adjudication order that includes findings of fact and conclusions of law.

  2. Service of Order: The adjudication order must be served on the party or the party's attorney by certified mail.

  3. Effective Date: The order is effective upon service unless a different effective date is specified or a stay is in effect.

F. Appeals to Court of Common Pleas (ORC § 119.12)

  1. Right of Appeal: Any party adversely affected by any order of an agency may appeal to the Court of Common Pleas of Franklin County (where the agency is located in Columbus) or the Court of Common Pleas of the county in which the party's principal place of business is located in Ohio.

  2. 15-Day Appeal Deadline: The notice of appeal must be filed within fifteen (15) days after the mailing of the notice of the agency's order (ORC § 119.12). This is a strict deadline.

  3. Filing Requirements for Appeal:
    - File a notice of appeal with the agency setting forth the order appealed from and the grounds of the appeal
    - File a copy of the notice of appeal with the Court of Common Pleas
    - Post a bond if required

  4. Record Certification: Within thirty (30) days after receipt of the notice of appeal, the agency shall prepare and certify to the court a complete record of the proceedings (ORC § 119.12).

  5. Standard of Review: The court shall affirm the agency's order if it finds the order is supported by reliable, probative, and substantial evidence and is in accordance with law. Henry's Cafe, Inc. v. Bd. of Liquor Control, 170 Ohio St. 233 (1959); Univ. of Cincinnati v. Conrad, 63 Ohio St.2d 108 (1980).

  6. Additional Evidence: The court may grant a request for the presentation of additional evidence if the court finds that such evidence is newly discovered, could not have been discovered with reasonable diligence at the time of the hearing, and is material to the issues in the case.

  7. Further Appeal: The decision of the Court of Common Pleas may be appealed to the Court of Appeals. Further appeal to the Ohio Supreme Court is by discretionary review.

G. Important Ohio Timelines Summary

Action Deadline Authority
Request hearing after receipt of notice 30 days from service ORC § 119.07
Agency to schedule hearing Within 15 days (not sooner than 7 days) after request ORC § 119.09
Appeal adjudication order to Common Pleas 15 days after mailing of order ORC § 119.12
Agency to certify record on appeal 30 days after receipt of notice of appeal ORC § 119.12
Further appeal to Court of Appeals 30 days from Common Pleas judgment entry Ohio App. R. 4(A)

H. Common Ohio Administrative Agencies and Filing Addresses

Agency Typical Cases Address
Ohio Department of Commerce Licensing, real estate, financial institutions 77 S. High St., Columbus, OH 43215
Ohio Department of Health Health facility licensure, public health 246 N. High St., Columbus, OH 43215
Ohio Department of Job & Family Services Unemployment, public assistance, child care 30 E. Broad St., Columbus, OH 43215
Ohio Board of Nursing Nursing license discipline 17 S. High St., Ste. 660, Columbus, OH 43215
Ohio State Medical Board Physician license discipline 30 E. Broad St., 3rd Floor, Columbus, OH 43215
Ohio Department of Taxation Tax assessments, refund denials 30 E. Broad St., Columbus, OH 43215
Ohio Environmental Protection Agency Environmental permits, enforcement 50 W. Town St., Columbus, OH 43215
Other: [________________________________] [________________________________] [________________________________]

NOTE: Always verify the current filing address and any agency-specific requirements before filing. Addresses and procedures may change.


PART XVIII: APPENDIX — RELEVANT STATUTORY PROVISIONS


Ohio Revised Code Chapter 119 (Selected Provisions)

ORC § 119.01 — Definitions

(C) "Party" means a person to whom an order of an agency is directed, or whose rights, duties, privileges, benefits, or other legal relations are determined, or proposed to be determined, by an adjudication.

(D) "Adjudication" means the determination by the highest or ultimate authority of an agency of the rights, duties, privileges, benefits, or legal relations of a specified person, but does not include the issuance of a license in response to an application with respect to which no question is raised...

ORC § 119.06 — Adjudication Order of Agency Valid and Effective

No adjudication order of an agency shall be valid unless the agency is specifically authorized by law to make such order. In the case of orders which by law may be issued only after opportunity for a hearing, no order shall be valid unless the agency making such order grants the party affected thereby the opportunity for hearing in accordance with sections 119.01 to 119.13 of the Revised Code...

ORC § 119.07 — Notice of Hearing; Contents

...The notice shall also inform the party that the party is entitled to a hearing if the party requests it within thirty days of the time of mailing or service of such notice...at the hearing the party may appear in person, by the party's attorney, or by such other representative as is permitted to practice before the agency, or the party may present the party's position, arguments, or contentions in writing, and that at the hearing the party may present evidence and examine witnesses appearing for and against the party...

ORC § 119.09 — Adjudication Hearing

...A respondent or the respondent's representative properly filing a request for an adjudication hearing shall be entitled to such adjudication hearing within fifteen days but not sooner than seven days after such request has been filed, unless both parties agree or a continuance is granted...

...For the purpose of conducting any adjudication hearing required by sections 119.01 to 119.13 of the Revised Code, the agency may require the attendance of such witnesses and the production of such books, records, and papers as it desires, and it may take the depositions of witnesses residing within or without the state...

...At any adjudication hearing, a stenographic record of the testimony and other evidence submitted shall be taken at the expense of the agency, and such record shall include all of the testimony and other evidence, and rulings on the admissibility thereof presented at the hearing...

ORC § 119.12 — Appeal by Party Adversely Affected

Any party adversely affected by any order of an agency issued pursuant to an adjudication denying an applicant admission to an examination, or denying the issuance or renewal of a license or registration of a licensee, or revoking or suspending a license, or allowing the payment of a forfeiture under section 4301.252 of the Revised Code may appeal from the order of the agency to the court of common pleas...

...any party desiring to appeal shall file a notice of appeal with the agency setting forth the order appealed from and the grounds of the appeal...and such notices of appeal shall be filed within fifteen days after the mailing of the notice of the agency's order...


Sources and References

  • Ohio Revised Code Chapter 119 (Administrative Procedure Act): https://codes.ohio.gov/ohio-revised-code/chapter-119
  • Ohio Administrative Code: https://codes.ohio.gov/ohio-administrative-code
  • Ohio Revised Code § 119.07 (Notice of Hearing): https://codes.ohio.gov/ohio-revised-code/section-119.07
  • Ohio Revised Code § 119.09 (Adjudication Hearing): https://codes.ohio.gov/ohio-revised-code/section-119.09
  • Ohio Revised Code § 119.12 (Appeal to Common Pleas Court): https://codes.ohio.gov/ohio-revised-code/section-119.12
  • Hamilton County Law Library — Ohio Administrative Appeals: https://libguides.hamilton-co.org/c.php?g=392896&p=2668991
  • Franklin County Law Library — Administrative Appeals: https://fclawlib.libguides.com/civilsuit/administrativeappeals

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice and should not be used as a substitute for consultation with a qualified attorney licensed in Ohio. Administrative hearing procedures vary significantly by agency and case type. Always verify current statutes, rules, and filing requirements before submitting any documents.


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About This Template

Administrative law covers how you interact with government agencies, from filing a comment on a proposed rule to appealing a denied license or benefit. Agency processes have their own forms, deadlines, and evidence standards that are different from what courts use. Getting the paperwork wrong usually means missing a deadline or losing the right to appeal, so precision in these documents matters as much as it does in a courtroom filing.

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This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Last updated: March 2026