Petition for Reconsideration (Administrative Agency)

PETITION FOR RECONSIDERATION / REHEARING OF AGENCY ORDER

STATE OF OHIO — BEFORE [AGENCY NAME]

Case No.: [________________________________]

Agency: [________________________________]

IN THE MATTER OF:

[________________________________]
(Petitioner/Appellant)

IMPORTANT FILING INFORMATION

CRITICAL NOTE: Ohio's Administrative Procedure Act (ORC Chapter 119) does not contain a uniform reconsideration/rehearing provision. The right to seek reconsideration before the agency is governed by individual agency rules. However, the extremely short 15-day appeal deadline under ORC § 119.12 makes it essential to file any appeal simultaneously or to confirm that a timely reconsideration request tolls the appeal deadline under the specific agency's rules.

I. PRELIMINARY STATEMENT

1. Petitioner, [________________________________] ("Petitioner"), by and through undersigned counsel, respectfully submits this Petition for Reconsideration/Rehearing of the Order issued by [________________________________] ("Agency") on [__/__/____] in the above-captioned matter.

2. The Order was mailed to Petitioner on [__/__/____]. This Petition is filed on [__/__/____].

3. This Petition is filed pursuant to [________________________________] (cite agency-specific rule or regulation authorizing reconsideration) and ☐ is / ☐ is not filed concurrently with a Notice of Appeal to the Court of Common Pleas under ORC § 119.12.

4. Petitioner seeks reconsideration on the grounds that the Agency's Order contains errors of law, is not supported by reliable, probative, and substantial evidence in the record, and/or involves material matters warranting a different outcome.

II. JURISDICTION AND AUTHORITY

5. The Agency issued an adjudication order pursuant to ORC § 119.06, which provides that an adjudication order is valid and effective only if the agency is specifically authorized by law to issue such an order and the party has been afforded an opportunity for a hearing.

6. This Petition for Reconsideration is authorized by [________________________________] (cite agency-specific rule — e.g., Ohio Admin. Code § [____]).

7. The underlying matter constituted an adjudication hearing under ORC Chapter 119 as required by [________________________________] (cite enabling statute authorizing agency action and requiring hearing).

8. The Agency conducted a hearing in accordance with ORC § 119.09 and issued its Order pursuant to ORC § 119.06.

III. PARTIES

9. Petitioner: [________________________________], whose address is [________________________________], [________________________________], Ohio [____]. Petitioner was a ☐ respondent / ☐ applicant / ☐ licensee / ☐ permit holder / ☐ claimant / ☐ other: [________________________________] in the underlying proceeding.

10. Agency/Respondent: [________________________________], located at [________________________________], Columbus, Ohio [____].

11. Other Parties of Record (if applicable):
    - [________________________________]
    - [________________________________]

IV. PROCEDURAL HISTORY

12. On or about [__/__/____], the Agency initiated the proceeding by issuing a [________________________________] (e.g., Notice of Opportunity for Hearing, Proposed Adjudication Order, Notice of Intent to Deny/Revoke).

13. Petitioner timely requested a hearing pursuant to ORC § 119.07 on [__/__/____].

14. A hearing was conducted before [________________________________] (hearing examiner/officer) on the following dates: [________________________________].

15. The hearing examiner issued a ☐ Report and Recommendation / ☐ Proposed Order on [__/__/____].

16. The Agency reviewed the hearing record and issued its Final Adjudication Order on [__/__/____], which:
    - ☐ Adopted the hearing examiner's recommendation
    - ☐ Modified the hearing examiner's recommendation as follows: [________________________________]
    - ☐ Rejected the hearing examiner's recommendation and entered the following findings: [________________________________]

17. The Order was mailed to Petitioner on [__/__/____] by ☐ certified mail / ☐ regular mail / ☐ electronic service.

V. GROUNDS FOR RECONSIDERATION

Petitioner respectfully submits that reconsideration is warranted on the following grounds (check all that apply):

A. Error of Law

☐ The Order misinterpreted or misapplied controlling statutes, regulations, or case law.

18. The Agency's Order erred as a matter of law in the following respects:

a. The Agency misinterpreted ORC § [________________________________] by concluding that [________________________________]. The correct interpretation, established by [________________________________] (cite Ohio Supreme Court or appellate authority), requires [________________________________].

b. The Agency failed to apply the correct legal standard. Under Ohio law, the applicable standard is [________________________________]. See [________________________________].

c. The Agency exceeded its statutory authority by [________________________________].

B. Findings Not Supported by Reliable, Probative, and Substantial Evidence

☐ The factual findings are not supported by reliable, probative, and substantial evidence.

19. Under ORC § 119.12, the court of common pleas reviewing an agency order must determine whether the order is supported by "reliable, probative, and substantial evidence." This is more demanding than the federal "substantial evidence" standard. The following findings fail this standard:

a. Finding: [________________________________]. This finding is unsupported because [________________________________]. (Cite hearing transcript, exhibits.)

b. Finding: [________________________________]. The Agency's reliance on [________________________________] was insufficient because [________________________________].

c. The evidence presented at hearing, including [________________________________], preponderates against the Agency's conclusion that [________________________________].

C. Newly Discovered Evidence

☐ Newly discovered evidence exists that was not reasonably available at the time of the hearing.

20. Since the issuance of the Order, Petitioner has discovered the following evidence:

a. Description: [________________________________]

b. Reason not previously available: [________________________________]

c. Materiality: [________________________________]

d. Attached as Exhibit [____].

D. Material Mistake or Oversight

☐ The Order contains a material mistake of fact or significant oversight.

21. The Agency's Order overlooked or failed to consider:

a. [________________________________]

b. [________________________________]

E. Due Process Violation

☐ The proceeding denied Petitioner due process of law.

22. The Agency's proceeding violated Petitioner's due process rights under Ohio Constitution Article I, Section 16, and/or the Fourteenth Amendment to the U.S. Constitution, because:

a. [________________________________]

b. [________________________________]

F. Order Is Otherwise Not in Accordance with Law

☐ The Order is otherwise not in accordance with law.

23. Under ORC § 119.12, the court may reverse, vacate, or modify the agency order if it is "not in accordance with law." The Order is not in accordance with law because:

a. [________________________________]

b. [________________________________]

VI. ARGUMENT

24. [________________________________]

(Provide a detailed legal argument supporting each ground for reconsideration. Include citations to the hearing transcript, exhibits, Ohio Revised Code, Ohio Administrative Code, and relevant Ohio case law.)

25. [________________________________]

26. [________________________________]

VII. COMMON OHIO AGENCIES AND SPECIFIC CONSIDERATIONS

Select the applicable agency and note any agency-specific reconsideration provisions:

☐ Ohio Environmental Protection Agency (OEPA) — ORC Chapter 3745; Environmental Review Appeals Commission (ERAC) appeals
☐ Public Utilities Commission of Ohio (PUCO) — ORC § 4903.10 (Application for Rehearing — 30 days); mandatory before appeal to Supreme Court
☐ Ohio Department of Commerce — Division of Financial Institutions, Division of Real Estate, Division of Liquor Control
☐ State Medical Board of Ohio — ORC §§ 4731.22-4731.281 (licensing discipline)
☐ Ohio Department of Job and Family Services — Unemployment compensation appeals (ORC § 4141.282)
☐ Ohio Department of Education and Workforce — Educator licensing and school matters
☐ Ohio Department of Insurance — Insurance regulatory matters (ORC Chapter 3901)
☐ Ohio Department of Taxation — Tax appeals to Board of Tax Appeals (ORC § 5717.01)
☐ Industrial Commission of Ohio — Workers' compensation claims
☐ State Personnel Board of Review — Civil service employee matters (ORC § 124.34)
☐ Other: [________________________________]

NOTE — PUCO Special Rule: For matters before the Public Utilities Commission of Ohio, ORC § 4903.10 provides a specific rehearing procedure: an application for rehearing must be filed within 30 days after the entry of the order, and such application is a mandatory prerequisite to appeal to the Ohio Supreme Court under ORC § 4903.13.

VIII. RELIEF REQUESTED

WHEREFORE, Petitioner respectfully requests that the Agency:

27. ☐ Vacate the Order dated [__/__/____] in its entirety;

28. ☐ Modify the Order as follows: [________________________________];

29. ☐ Grant a rehearing on the following issues: [________________________________];

30. ☐ Reopen the record to admit newly discovered evidence described in Section V.C above;

31. ☐ Stay enforcement of the Order pending disposition of this Petition and/or any pending appeal;

32. ☐ Grant such other and further relief as the Agency deems just and appropriate.

IX. CERTIFICATION OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of this Petition for Reconsideration was served upon the following parties by:

☐ Certified mail, return receipt requested
☐ Regular U.S. mail
☐ Personal service
☐ Electronic service (if authorized)

X. VERIFICATION

STATE OF OHIO

COUNTY OF [________________________________]

I, [________________________________], being first duly sworn or affirmed, state that:

1. I am the ☐ Petitioner / ☐ Authorized representative / ☐ Attorney for Petitioner in the above-captioned matter.

2. The statements of fact contained in this Petition for Reconsideration are true and accurate to the best of my knowledge, information, and belief.

3. I understand that a false statement herein may subject me to penalties under ORC § 2921.13 (Falsification).

Dated: [__/__/____]

________________________________________
[Petitioner Name / Attorney Name]
[Law Firm Name (if applicable)]
[Address Line 1]
[Address Line 2]
[City, State ZIP]
[Telephone]
[Email]
[Ohio Supreme Court Registration No.]

XI. EXHIBITS

☐ Exhibit A: Agency Final Adjudication Order dated [__/__/____]
☐ Exhibit B: Hearing Examiner's Report and Recommendation (if applicable)
☐ Exhibit C: Hearing transcript excerpts (pages [____] through [____])
☐ Exhibit D: Newly discovered evidence (if applicable)
☐ Exhibit E: Supporting affidavits
☐ Exhibit F: [________________________________]

NEXT STEPS AND PRACTICE NOTES

Filing Checklist

☐ Determine whether the specific agency has reconsideration/rehearing rules — Ohio's APA (ORC Chapter 119) does not provide a uniform reconsideration right
☐ Note the 15-day deadline for filing an appeal to the Court of Common Pleas under ORC § 119.12
☐ Confirm whether filing a reconsideration request tolls the 15-day appeal deadline under the specific agency's rules
☐ If uncertain about tolling, file a protective Notice of Appeal with the Court of Common Pleas simultaneously
☐ Serve all parties of record
☐ Attach all referenced exhibits
☐ Include verification as required

Appeal to Court of Common Pleas (ORC § 119.12)

☐ File Notice of Appeal within 15 days from the date of mailing of the order
☐ Venue: Court of Common Pleas of the county where Petitioner resides or has a place of business; if no Ohio residence/business, Franklin County
☐ The appeal is on the record — the court reviews the certified transcript of agency proceedings
☐ Standard of review: whether the order is supported by "reliable, probative, and substantial evidence" and is "in accordance with law"
☐ The court may affirm, reverse, vacate, or modify the order, or remand to the agency
☐ A bond or other security may be required for a stay of execution pending appeal (ORC § 119.12)
☐ Further appeal lies to the Court of Appeals, then the Ohio Supreme Court

SOURCES AND REFERENCES

• Ohio Administrative Procedure Act: ORC Chapter 119
• Adjudication Orders: ORC § 119.06
• Hearing Procedures: ORC § 119.09
• Appeals: ORC § 119.12
• PUCO Rehearing: ORC § 4903.10
• Register of Ohio: https://www.registerofohio.state.oh.us/
• Ohio Administrative Code: https://codes.ohio.gov/ohio-administrative-code

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice and should not be used without review by a qualified attorney licensed in Ohio.