OH Bar Administrative Law 3 — Questions and Answers
Question 1: A nurse receives a notice that the Ohio Board of Nursing proposes to suspend her license. Under R.C. Chapter 119, what must the notice include?
- The charges or reasons for the action, the law or rule involved, and a statement of the right to a hearing (Correct answer)
- Only the effective date of the suspension
- A complete transcript of the board's investigation
- The names of all complaining witnesses
Correct answer: The charges or reasons for the action, the law or rule involved, and a statement of the right to a hearing
R.C. 119.07 requires notice stating the charges, the legal basis, and the party's right to request a hearing.
Question 2: After receiving a Chapter 119 notice of an agency's intended action, how long does the party generally have to request an adjudication hearing?
- 30 days (Correct answer)
- 10 days
- 60 days
- 90 days
Correct answer: 30 days
Under R.C. 119.07, a party generally has 30 days after the mailing of notice to request a hearing.
Question 3: An Ohio agency adopts an internal policy that it applies as binding on the public without going through Chapter 119 rulemaking. A court will most likely hold the policy is:
- Invalid as an improperly promulgated rule (Correct answer)
- Valid as an interpretive guideline
- Valid if posted on the agency's website
- Valid because agencies may bind the public by adjudication only
Correct answer: Invalid as an improperly promulgated rule
A policy of general applicability that binds the public is a rule and is invalid if not adopted through required rulemaking procedures.
Question 4: In an appeal under R.C. 119.12, may the common pleas court admit additional evidence beyond the agency record?
- Yes, but only if the evidence is newly discovered and could not with reasonable diligence have been presented at the agency hearing (Correct answer)
- Yes, the court must retry all factual issues
- No, the court is absolutely confined to the record
- Only if both parties consent in writing
Correct answer: Yes, but only if the evidence is newly discovered and could not with reasonable diligence have been presented at the agency hearing
The court generally reviews the certified record but may admit newly discovered evidence that could not reasonably have been produced before the agency.
Question 5: A hearing examiner (referee) conducts a Chapter 119 hearing and issues a report and recommendation. What may the agency do with it?
- Approve, modify, or disapprove the recommendation, but a party may file objections before the agency acts (Correct answer)
- Nothing; the recommendation is automatically final
- Only approve it in full or order a new hearing
- Forward it to JCARR for ratification
Correct answer: Approve, modify, or disapprove the recommendation, but a party may file objections before the agency acts
Under R.C. 119.09 the agency may approve, modify, or reject the referee's recommendation after parties have a chance to file objections.
Question 6: Which entity in Ohio must approve the legal form of proposed administrative rules by reviewing and filing them, maintaining the Ohio Administrative Code?
- The Legislative Service Commission (Correct answer)
- The Ohio Secretary of State's Elections Division
- The Ohio Auditor of State
- The Ohio Ethics Commission
Correct answer: The Legislative Service Commission
Proposed and adopted rules are filed with the Legislative Service Commission, which publishes the Ohio Administrative Code.
Question 7: A city zoning board of appeals denies a variance. Judicial review of this local administrative decision proceeds under which Ohio statute?
- R.C. Chapter 2506 (Correct answer)
- R.C. Chapter 119
- R.C. Chapter 4112
- R.C. Chapter 2744
Correct answer: R.C. Chapter 2506
Appeals from final orders of political-subdivision agencies, such as zoning boards, are taken under R.C. Chapter 2506, not Chapter 119.
OH Bar Administrative Law 3
A nurse receives a notice that the Ohio Board of Nursing proposes to suspend her license.
Under R.C.
Chapter 119, what must the notice include?