OH Bar Administrative Law 3

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?

Accepted Answer

The charges or reasons for the action, the law or rule involved, and a statement of the right to a hearing

Answer

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?

Accepted Answer

30 days

Answer

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:

Accepted Answer

Invalid as an improperly promulgated rule

Answer

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?

Accepted Answer

Yes, but only if the evidence is newly discovered and could not with reasonable diligence have been presented at the agency hearing

Answer

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?

Accepted Answer

Approve, modify, or disapprove the recommendation, but a party may file objections before the agency acts

Answer

Under R.C. 119.09 the agency may approve, modify, or reject the referee's recommendation after parties have a chance to file objections.

(OH Bar) Ohio Bar Exam Practice Test

(OH Bar) Ohio Bar Exam Practice Test

OH Bar Administrative Law 3