OH Bar Administrative Law 2 — Questions and Answers
Question 1: Under Ohio Revised Code Chapter 119, which body reviews proposed agency rules to ensure they do not exceed the agency's statutory authority?
- The Joint Committee on Agency Rule Review (JCARR) (Correct answer)
- The Ohio Supreme Court Rules Commission
- The Governor's Office of Regulatory Affairs
- The Ohio Attorney General's Rule Division
Correct answer: The Joint Committee on Agency Rule Review (JCARR)
JCARR, a joint legislative committee, reviews proposed rules and may recommend invalidation of rules that exceed statutory authority.
Question 2: An Ohio agency denies a professional license after an adjudication hearing under R.C. Chapter 119. Where must the applicant generally file an appeal?
- The court of common pleas of the county where the party resides or has its place of business (Correct answer)
- The Ohio Supreme Court directly
- The federal district court for the district containing the agency
- The Ohio Court of Claims
Correct answer: The court of common pleas of the county where the party resides or has its place of business
R.C. 119.12 directs appeals from most agency adjudications to the appropriate court of common pleas, typically where the appellant resides or does business.
Question 3: What standard does an Ohio common pleas court apply when reviewing an agency adjudication order under R.C. 119.12?
- Whether the order is supported by reliable, probative, and substantial evidence and is in accordance with law (Correct answer)
- De novo review of all facts and law
- Whether any rational basis exists for the order
- Clear and convincing evidence of agency error
Correct answer: Whether the order is supported by reliable, probative, and substantial evidence and is in accordance with law
Under R.C. 119.12 the court affirms if the order is supported by reliable, probative, and substantial evidence and is in accordance with law.
Question 4: Before adopting a new rule, an Ohio agency subject to Chapter 119 must generally do which of the following?
- Give public notice of the proposed rule and hold a public hearing if requested or required (Correct answer)
- Obtain approval from the Ohio Supreme Court
- Secure a two-thirds vote of the General Assembly
- Publish the rule in a newspaper in every county
Correct answer: Give public notice of the proposed rule and hold a public hearing if requested or required
Chapter 119 rulemaking requires public notice of the proposed rule and an opportunity for a public hearing before adoption.
Question 5: A party in an Ohio administrative adjudication is denied the chance to cross-examine the agency's key witness. This most directly implicates which requirement?
- The due process and statutory right to a fair adjudication hearing (Correct answer)
- The Ohio open meetings law
- The public records act
- The rule against ex parte legislative contacts
Correct answer: The due process and statutory right to a fair adjudication hearing
Adjudication hearings under Chapter 119 must satisfy due process, which includes the right to present evidence and cross-examine adverse witnesses.
Question 6: Which doctrine generally requires a party to complete all available agency procedures before seeking judicial review in Ohio courts?
- Exhaustion of administrative remedies (Correct answer)
- Primary jurisdiction
- Collateral estoppel
- Sovereign immunity
Correct answer: Exhaustion of administrative remedies
The exhaustion doctrine requires parties to pursue and complete available administrative remedies before turning to the courts.
Question 7: An Ohio agency issues an adjudication order but fails to notify the party of its right to appeal as required by R.C. 119.09. What is the effect?
- The time for filing an appeal does not begin to run until proper notice is given (Correct answer)
- The order is automatically reversed on the merits
- The party permanently loses the right to appeal
- The order converts into a proposed rule
Correct answer: The time for filing an appeal does not begin to run until proper notice is given
Defective notice of appeal rights prevents the appeal period from commencing, preserving the party's ability to appeal once proper notice issues.
OH Bar Administrative Law 2
Under Ohio Revised Code Chapter 119, which body reviews proposed agency rules to ensure they do not exceed the agency's statutory authority?