Small Kids PAO 5200 Complete

6/17/2022 7021 1970 0001 1688 5200
Small Kids Adventures Learning Center, LLC

Tytiana Camille Duskin, Owner, Statutory Agent,
5259 Glenway Avenue,
Cincinnati, OH 45238
License Number: 2190019555
and
Vera Tribble/ Administrator

Small Kids Adventures Learning Center
1028 Fairbanks Ave
and
Jonica Figgures/Administrator
5259 Glenway Avenue,
and
Cornelius Lewis, Esq.

The Lewis Law Firm, Inc
119 East Court Street
Cincinnati, Ohio 45202
RE: Notice of Opportunity for a Hearing Regarding the Proposed Revocation of the Child Care
Center License Small Kids Adventures Learning Center, LLC (License Number 2190019555),
5259 Glenway Avenue, Cincinnati, OH 45238.
Dear Ms. Duskin, Ms. Tribble, Ms. Figgures, and Mr. Lewis:
Pursuant to Ohio Revised Code (hereafter ORC) 119.06, 119.07, 5104.03 and 5104.04, this
certified letter, return receipt requested, will serve as notice upon you that the Ohio Department
of Job and Family Services (hereafter ODJFS or Department) proposes to enter an adjudication
order to revoke the child care center License of Small Kids Adventures Learning Center
(hereafter Center).
Notice of Opportunity
Page 2 of 4
Based on the following information obtained by ODJFS, the Center has not been compliant with
the following provisions of the Ohio Administrative Code (hereafter OAC) governing the
licensure of child care centers.
1. OAC 5101:2-12-04(B)(2)(c) 1 states that a fire inspection and approval need to be obtained at
least once annually within each twelve months from the date of the last fire inspection report.
VIOLATION:
a. As documented in the 03/18/2021 inspection report, ODJFS staff determined that the
program had not been inspected and approved within 12 months from the date of the
last fire approved.
2. OAC 5101:2-12-09(C)(3) states that background checks are required every five years from
the date of the most recent BCI records check.
VIOLATION:
a. As documented in the 01/05/2022 inspection report, ODJFS staff determined that

background checks for employee Vera Tribble were not updated every five years as
required.
3. OAC 5101:2-12-09(G)(1)(b) 2 states that a child care staff member with preliminary
approval but not a JFS 01176 on file at the center or in the OPR shall not be left alone with
children and shall be supervised at all times by another child care staff member with a JFS
01176 on file or in the OPR.
VIOLATION:
a. As documented in the 10/09/2019 inspection report, ODJFS staff determined child
care staff members had sole responsibility of children in the infant and preschool
groups and the JFS 01176 was not on file as required.
4. OAC 5101:2-12-11(F)(1) 3 sates that the outdoor play equipment shall have a fall zone of
protective resilient material on the ground under and around the equipment.
VIOLATION:
1
After October 29,2021 the rule requirements stated herein were amended. This rule amendment had no
effect on the requirements cited herein and the rule language cited herein was effective at all times
relevant to this letter.
2
After October 29, 2021the rule requirements stated herein were relocated to
OAC 5101:2-12-09(H)(2)(d). This rule change had no effect on the requirements cited herein and the rule
language cited herein.
3
After October 29, 2021 the rule requirements stated herein were amended. This rule amendment had no
relevant to this letter
Page 3 of 4
a. As documented in the 05/20/2021 inspection report, ODJFS staff determined that

there was no fall surface of protective resilient material on the ground under and
around the small slide and merry go round equipment.
5. OAC 5101:2-12-18(A)(1) states that the center shall ensure that required child care staff
members/child ratios and maximum group size limitations are maintained at all times in
accordance with appendix A to this rule.
VIOLATION:
a. As documented in the 03/29/2022 complaint inspection, ODJFS staff determined a

ratio of one child care staff member nine children in the mixed group of infant and
toddlers. The required ratio for this group is 1:5. Additionally, a ratio of two child
care staff members to 16 children in the mixed group of infants and toddlers. The
required ratio for this group is 1:5.
6. OAC 5101:2-12-19(C)(1) 4 states that the center shall follow appendix A of this rule
regarding guidance techniques to be used with children.
VIOLATIONS:
a. As documented in the 03/10/2022 complaint inspection, ODJFS staff determined that

a child care staff member utilized cruel, unusual and extreme techniques to manage
children in care.
b. As documented in the 03/10/2022 complaint inspection, ODJFS staff determined that
a staff member abused, endangered or neglected a child.
c. As documented in the 03/10/2022 complaint inspection, ODJFS staff determined that
a staff member did not protect a child from an unsafe situation, in that a staff member
grabbed a child by the ponytails, threw the child to the ground, causing a ponytail to
become detached from the head.
d. As documented in the 03/29/2022 complaint inspection, ODJFS staff determined that
a staff member confined a child to equipment, in that a child was placed in a feeding
table for a minimum of four hours as seen on video footage. Food was observed on
video footage being removed from a child while other children were allowed to
continue eating. Additionally, the child was observed on video footage being
confined to a bed and highchair for extended periods of time.
7. OAC 5101:2-12-19(D) states that if the owner, administrator, employee or child care staff
member suspects that a child has been abused or neglected, he or she shall immediately
notify the public children services agency (PCSA).
VIOLATION:
4
After October 29, 2021 the rule requirements stated herein were amended. This rule amendment had no
relevant to this letter.
Page 4 of 4
a. As documented in the 03/29/2022 complaint inspection, ODJFS staff determined that

the program did not notify the public children services agency of suspicions that a
child had been abused or neglected.
Under ORC Chapter 119, you are entitled to a hearing on this matter if the hearing is requested
in writing within thirty (30) days of the date of the mailing of this notice. You may appear in
person, by your attorney, or by such other representative as is permitted to practice before the
Department. At the hearing, you may present evidence and examine witnesses appearing for or
against you. You may also present your position, arguments, or contentions entirely in writing.
Copies of sections 119.06 through 119.13 of the ORC and Chapter 5101:6-50 of the OAC
governing hearings before the Department are also enclosed with this notice. A request for
hearing must be in writing and directed either by mail to:
Litigation Manager
Office of Legal Services
ATT: Chapter 119 proceeding
Ohio Department of Job and Family Services
30 East Broad Street, 31st Floor
Columbus, Ohio 43215-3414
Or by emailing your hearing request to: legal_filing2@jfs.ohio.gov
Please be advised that failure to timely request such a hearing will cause ODJFS to enter an
adjudication order to revoke the child care center license of Small Kids Adventures Learning
Center.
Sincerely,
Wanda Ellis LAH 

Wanda Ellis, Deputy Director
Office of Family Assistance
Enclosures: Appendix A to Rule 5101:2-12-18

Appendix A to Rule 5101:2-12-19
OAC 5101:6-50
ORC 119.06 – 119.13
ACTION: Final ENACTED DATE: 10/05/2021 8:39 AM
Appendix
5101:2-12-18
Staff/Child Ratios, Age Grouping and Maximum Group Size
Child Care Staff Maximum

Age of Children Member/Child Ratio Group
Size
Young Infants 1:5 or 12

(birth to less than 12 months) 2:12 in same room
Older Infants 1:6 12

(at least 12 months and less than 18 months)
Young Toddlers 1:7 14

(at least 18 months and less than 2 1/2 years
Older Toddlers 1:8 16

(at least 2 1/2 years and less than 3 years)
Young Preschoolers 1:12 24

(at least 3 years and less than 4 years)
Older Preschoolers 1:14 28

(at least 4 years and not enrolled in or eligible to be
enrolled in kindergarten)
Young Schoolagers 1:18 36

(enrolled in or eligible to be enrolled in
kindergarten or above and less than 11 years)
Older Schoolagers 1:20 40

(at least 11 years and less than 15 years)
APPENDIX p(189057) pa(336231) d: (780162) ra(590937) print date: 10/05/2021 10:41 AM

ACTION: Final ENACTED DATE: 10/05/2021 8:39 AM
Appendix
5101:2-12-19
Allowable Discipline Techniques
The following techniques or practices may be used by all child care staff members and
employees of a licensed child care center as a means to guide or discipline children. Any
technique or practice used shall be developmentally appropriate, consistent and shall occur at the
time of the incident.
1. Setting clear limits.

2. Redirecting to an appropriate activity.
3. Showing positive alternatives.
4. Modeling the desired behavior.
5. Reinforcing appropriate behavior.
6. Encouraging children to control their own behavior, cooperate with others and solve
problems by talking.
7. Separation from the situation, if used, shall last no more than one minute per each year of
the child's age and shall not be used with infants. Upon the child’s return to the activity,
the provider shall review the reason for the separation and discuss the expected behavior
with the child.
8. Holding a child for a short period of time, such as in a protective hug, so that the child
may regain self-control.
Prohibited Discipline Techniques
The following techniques or practices shall not be used by any child care staff member or
employee of a licensed child care center as a means to control or discipline children:
1. Abuse, endanger or neglect of children, including shaking a baby.

2. Utilize cruel, harsh, unusual, or extreme techniques.
3. Utilize any form of corporal punishment.
4. Delegate children to manage or discipline other children.
5. Use physical restraints on a child.
6. Restrain a child by any means other than holding children for a short period of time, such
as in a protective hug, so that the children may regain control.
o Prone restraint of a child is prohibited. Prone restraint is defined as all items or
measures used to limit or control the movement or normal functioning of any
portion, or all, of a child's body while the child is in a face-down position.
o Prone restraint includes physical or mechanical restraint.
7. Place children in a locked room or confine children in any enclosed area.
8. Confine children to equipment such as cribs or high chairs.
9. Humiliate, threaten or frighten children.
10. Subject children to profane language or verbal abuse.
11. Make derogatory or sarcastic remarks about children or their families including but not
limited to cultures, nationalities, race, religion, or beliefs.
APPENDIX p(189057) pa(336231) d: (780165) ra(590938) print date: 10/05/2021 10:42 AM

12. Punish children for failure to eat or sleep or for toileting accidents.
13. Withhold any food (including snacks and treats), beverages or water, rest or toilet use.
14. Punish an entire group of children due to the unacceptable behavior of one or a few.
15. Isolate and restrict children from any or all activities for an extended period of time.
Chapter 5101:6-50 Revised Code Chapter 119 Hearings
5101:6-50-01 Chapter 119. hearings: definitions and scope of applicability.
(A) The following definitions apply to rules 5101:6-50-01 to 5101:6-50-09 of the Administrative
Code.
(1) "Affected party" means a person whose interests are subject to an adjudication by ODJFS,
including providers and licensees.
(2) "Appellant" means an affected party who has requested an adjudication hearing pursuant to
Chapter 119. of the Revised Code.
(3) "Contract" means any agreement through which ODJFS purchases goods or services from a
vendor.
(4) "Department" means the Ohio department of job and family services.
(5) "Depository agent" means the office of legal services of ODJFS and its official mailing
address for the purpose of receiving correspondence or filings for any hearing held under
authority of Chapter 5101:6-50 of the Administrative Code.
(6) "Director" means the director of ODJFS or the director's designee.
(7) "Final fiscal audit" means a medicaid report of examination or a medicaid final settlement or
a medicaid hospital final settlement, including a final settlement in which Title V monies are
offset against medicaid monies proposed for adjudication by ODJFS.
(8) "Grant" means an award of funds by ODJFS to a public agency or private nonprofit
corporations that does not include the purchase or lease of services, materials, or supplies for
ODJFS.
(9) "Hearing" means a hearing held by ODJFS in compliance with sections 119.06 to 119.13 of
the Revised Code.
(10) "Last known address" means the most recent mailing address reported to ODJFS by the
person in compliance with requirements to provide the person's address.
(11) "License" means any license, permit, certificate, commission, or charter issued by ODJFS.
License does not include any arrangement whereby a person, institution, or entity furnishes
medicaid services under a provider agreement with ODJFS.
(12) "Licensee" means any person, institution, or entity, governmental or non-governmental, that
furnishes services under a license issued by ODJFS pursuant to statute.
(13) "ODJFS" means the Ohio department of job and family services.
(14) "Order" means any final adjudication of facts, issues, or amounts in controversy in any
hearing conducted under the authority of Chapter 5101:6-50 of the Administrative Code before
ODJFS and any final disposition or directive of the director regarding the rights, duties,
(Updated 2-2015) Page 1 of 14

privileges, benefits, legal relationships, jurisdictional status, or standing of any affected party or
appellant.
(15) "Person" means an individual, a firm, a corporation, an association, an institution, a

partnership, or an entity.
(16) "Provider" means any person, governmental or non-governmental, that furnishes medicaid
services under a provider agreement with ODJFS.
(17) "Provider agreement" means a contract between ODJFS and a person who provides
medical services and supplies pursuant to rules contained in division 5101:3 of the
Administrative Code.
(B) Application of procedures contained in Chapter 5101:6-50 of the Administrative Code
Chapter 5101:6-50 of the Administrative Code prescribes the procedures to be followed in all
hearings held before ODJFS pursuant to sections 119.06 to 119.13 , 5103.03 , 5103.12 ,
5104.04 , and 5164.38 of the Revised Code. The provisions of Chapter 5101:6-50 of the
Administrative Code are to be interpreted and construed to achieve their general purpose of
providing orderly and fair procedures for conducting hearings before ODJFS. Section 1.14 of the
Revised Code controls the computing of time deadlines referenced in Chapter 5101:6-50 of the
(C) Actions that do not provide hearing rights under this chapter
Unless otherwise noted, Chapter 5101:6-50 of the Administrative Code does not apply to
circumstances that include, but are not limited to, the following:
(1) Acts of the director or other officers of ODJFS that are ministerial in nature.
(2) Actions of ODJFS that are subject to hearings under an administrative review procedure
other than the review provided by Chapter 119. of the Revised Code.
(3) Denial, termination, suspension, conversion, or non-renewal of a provider agreement

exempted from the hearing procedures of Chapter 119. of the Revised Code by division (D) of
section 5164.38 of the Revised Code, or by paragraph (A) of rule 5160-1-57 of the
(4) Rate calculations, interim settlements, overpayments, duplicate payments, payments for
services not rendered, denied claims, and claim adjustments that may be reconsidered by the
appropriate ODJFS staff upon written request by the affected provider to the deputy director of
the office of ODJFS where the contestation arose as set forth in paragraph (B) of rule 5160-1-57
of the Administrative Code or as set forth in rule 5160-2- 07.12 or 5160-2-40 of the
(5) Reviews, notices of operational deficiency, requests for records, and audits that do not result
in an adjudication order as provided in rule 5160-1-27 of the Administrative Code.
(6) Actions involving in-home aides pursuant to Chapter 5104. of the Revised Code.
Page 2 of 14
(7) Hearings, authorized by section 5101.35 of the Revised Code and rules in Chapters 5101:6-
1 to 5101:6-9 of the Administrative Code, provided to applicants for, or recipients of, benefits
under Ohio works first; prevention, retention or contingency program; temporary assistance for
needy families; food assistance; medicaid; social services; adoptions; disability financial
assistance; residential state supplement payments; Titles IV-A, IV-B, IV-D, IV-E, XIX, XX, or XXI
of the Social Security Act (as in effect on 2/28/14), 49 Stat. 620 or other assistance programs;
who are aggrieved because of the actions of ODJFS, other state agencies, or of a county
department of job and family services, child support enforcement agency, public children
services agency, or other county agencies.
(8) Except as provided in paragraph (D) of this rule, disputes involving a Title XX social services
contract entered into between ODJFS or a county department of job and family services, public
children services agency, or child support enforcement agency and a contractor of services.
(9) Personnel action appeals of employees of ODJFS or of a county department of job and
family services, public children services agency, or child support enforcement agency.
(10) Disputes involving the issuance, denial, or termination of a contract, a grant, or an

interagency agreement issued by ODJFS or a protest filed with regard to a request for
proposals issued by ODJFS.
(11) Administrative actions taken by ODJFS that involve program administration and funding
affecting county departments of job and family services, public children services agencies, or
child support enforcement agencies.
(12) Appeals and disputes arising out of any actions under section 5101.20 , 5101.201 ,
5101.21 , 5101.213 , 5101.216 , 5101.22 , 5101.221 , 5101.24 , 5101.241 , or 5101.242 of the
Revised Code.
(13) Actions and disputes involving the use or access to funds administered under the
Workforce Investment Act of 1998, 112 Stat. 936, 239 U.S.C.A. 2801, the Wagner-Peyser Act,
48 Stat. 113 (1933), 29 U.S.C.A. 49 , and Chapters 4141. and 6301. of the Revised Code, or
any other funds for which the United States department of labor is responsible for direct or
indirect oversight.
(D) Actions that provide hearing rights under this chapter
Except as provided in paragraph (C) of this rule, those actions of ODJFS that afford the right to
a hearing pursuant to ODJFS authority provided in Chapter 119. of the Revised Code include
the proposal of the director to do the following:
(1) Enter into or refuse to enter into a provider agreement with a provider, or suspend,
terminate, renew, or refuse to renew an existing provider agreement, under circumstances
where ODJFS is required by section 5164.38 of the Revised Code to issue an adjudication
order in accordance with Chapter 119. of the Revised Code.
(2) Take any action based upon a final fiscal audit.
(3) Refuse to issue a license, whether it is a renewal or a new license, unless a hearing was
held before the refusal to issue such license.
Page 3 of 14
(4) Suspend or revoke a license.
(5) Require a person to obtain a license when the person claims that the law does not impose
such a requirement, except when ODJFS pursues injunctive relief through division (H) of section
5104.04 of the Revised Code.
(6) Terminate, refuse to enter into, or refuse to renew an agreement with a public children
services agency or private child placing agency under section 5103.12 of the Revised Code.
(E) See rule 5160-1-57 of the Administrative Code for additional provisions specific to hearing
rights of providers from proposed actions of ODJFS to deny, terminate, or not renew a provider
agreement.
(F) See Chapter 5101:6-51 of the Administrative Code for additional provisions specific to
hearing rights of providers from actions taken pursuant to section 5164.58 of the Revised Code
by state agencies under contract with ODJFS.
Effective: 02/28/2014
R.C. 119.032 review dates: 11/18/2013 and 02/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.02 , 5164.02
Rule Amplifies: 119.06 , 119.07 , 119.09 , 5101.24 , 5103.03 , 5103.12 , 5104.03 , 5104.04 ,
5164.02 , 5164.38
Prior Effective Dates: 1/1/83, 1/10/87, 10/1/87, 12/1/87 (Emer), 2/16/88, 2/1/99, 4/1/04, 10/1/08
5101:6-50-03 Chapter 119. hearings: notice and requesting a hearing.
(A) Written notice of intended action
(1) Whenever ODJFS proposes to take an action that the Ohio general assembly has expressly
made subject to the administrative adjudication procedure outlined in Chapter 119. of the
Revised Code, ODJFS shall give notice of the intended action to the affected party informing the
affected party of the affected party's right to a hearing. Notice shall be given by registered mail,
return receipt requested, and shall, at a minimum, include all of the following:
(a) The specific action or actions ODJFS intends to take;
(b) The charges or other reasons for the proposed action or actions;
(c) The statute or rule directly involved;
(d) A statement informing the affected party that the affected party is entitled to a hearing if the
affected party requests it within thirty days of the time of mailing the notice;
(e) A statement informing the affected party that at the hearing the affected party may appear in
person or through an attorney;
(f) A statement informing the affected party that the affected party or the affected party's
attorney may present the affected party's position, arguments or contentions entirely in writing,
Page 4 of 14
and that at the hearing the affected party or the affected party's attorney may present evidence
and examine witnesses appearing for and against the affected party; and
(g) A statement informing the affected party that rules governing hearings in accordance with
Chapter 119. of the Revised Code are found in Chapter 5101:6-50 of the Administrative Code.
(2) ODJFS shall also mail a copy of the notice to the affected party's attorney or other
representative of record. To qualify as an attorney or representative of record, the affected party
or the attorney or representative must notify ODJFS, in writing, that the attorney or
representative is to be designated the attorney or representative of record. The notification must
include the address where ODJFS should mail the notice to the attorney or representative of
record. The mailing of notice to the affected party's attorney or representative is not deemed to
perfect service of the notice. Failure to mail a copy of the notice to the attorney or representative
of record will not result in failure of otherwise perfected service upon the affected party. In those
instances where an affected party is a corporation doing business in Ohio or is incorporated in
Ohio, the mailing of notice to the corporation's statutory agent pursuant to sections 1701.07 and
1703.19 of the Revised Code will perfect service provided that all the requirements of paragraph
(A) of this rule have been complied with.
(3) When any notice sent by registered mail pursuant to this rule is returned because the
affected party fails to claim the notice, ODJFS shall send the notice by ordinary mail to the
affected party at the affected party's last known address and shall obtain a certificate of mailing.
Service by ordinary mail is complete when the certificate of mailing is obtained unless the notice
is returned showing failure of delivery.
(4) If any notice sent by registered or ordinary mail is returned for failure of delivery, ODJFS
either shall make personal delivery of the notice by an employee or agent of ODJFS or shall
cause a summary of the substantive provisions of the notice to be published once a week for
three consecutive weeks in a newspaper of general circulation in the county where the last
known address of the affected party is located. When notice is given by publication, a proof of
publication affidavit, with the first publication of the notice set forth in the affidavit, shall be
mailed by ordinary mail to the affected party at the affected party's last known address and the
notice shall be deemed received as of the date of the last publication. An employee or agent of
ODJFS may make personal delivery of the notice upon a party at any time.
(5) Refusal of delivery by personal service or by mail is not failure of delivery and service is
deemed to be complete at the time of personal refusal or at the time of receipt by ODJFS of the
refused mail as demonstrated by the ODJFS time and date stamp. Failure of delivery occurs
only when a mailed notice is returned by the postal authorities marked undeliverable, address or
addressee unknown, or forwarding address unknown or expired.
(B) Request for a hearing
(1) Any request for a hearing made as the result of notice issued pursuant to paragraph (A) of
this rule must be made in writing and mailed or delivered to the proper depository agent within
thirty calendar days of the following, as applicable:
(a) The time of mailing the notice if notice is given pursuant to paragraph (A)(1) of this rule;
(b) The date that service is complete if notice is given pursuant to paragraph (A)(3) or (A)(5) of
this rule;
Page 5 of 14
(c) The date of the last publication if notice is given by publication pursuant to paragraph (A)(4)
of this rule; or
(d) The date of personal service.
(2) If a request for a hearing is mailed to the proper depository agent, the request is deemed to
have been made as follows:
(a) If the request is mailed by certified mail, as of the date stamped by the U.S. postal service on
its receipt form .
(b) If the request is mailed by regular U.S. mail, as of the date of the postmark appearing upon
the envelope containing the request.
(c) If the request is mailed by regular U.S. mail and the postmark is illegible or fails to appear on
the envelope, as of the date of its receipt by the depository agent as evidenced by the agent's
time stamp.
(3) If a request for a hearing is made by facsimile transmission or by electronic mail to the
proper depository agent, the request is deemed to have been made as of the date of its receipt
as evidenced by the receipt date generated by the facsimile transmission or the date of receipt
shown in the source code of the electronic mail received by the proper depository agent.
(4) If a request for a hearing is mailed, personally delivered, made by facsimile transmission, or
made by electronic mail to a party or address other than the proper depository agent, the
request is deemed to have been made as of the date of its receipt by the depository agent as
evidenced by the agent's time stamp.
(5) If a request for a hearing is personally delivered to the proper depository agent, the request
is deemed to have been made as of the date of its receipt as evidenced by the depository
agent's time stamp.
(6) All requests for hearings must clearly identify both the affected individual involved and the
proposed action that is being contested.
(C) Computation of time deadlines
Section 1.14 of the Revised Code controls the computing of time deadlines imposed by Chapter
119. of the Revised Code and Chapter 5101:6-50 of the Administrative Code. The time within
which an act is required by law to be completed is computed by excluding the first day and
including the last day. When the last day falls on a Saturday, Sunday, or legal holiday, the act
may be completed on the next succeeding day that is not a Saturday, Sunday, or legal holiday.
When the last day to perform an act that is required by law is to be performed in a public office
and that public office is closed to the public for the entire day, the act may be performed on the
next succeeding day that is not a Saturday, Sunday, or legal holiday.
Page 6 of 14
(D) Failure to request a hearing
When an affected party fails to request a hearing or the request is not submitted timely, ODJFS
will issue a final and binding order of adjudication adopting and ratifying any or all of the
allegations contained in the original notice that shall implement the proposed action.
Rule Amplifies: 119.06 , 119.07 , 119.09 , 5101.24 , 5103.03 , 5103.12 , 5104.03 , 5104.04 ,
5164.02 , 5164.38
Prior Effective Dates: 1/1/83, 1/10/87, 12/1/87 (Emer), 2/15/88, 2/1/99, 4/1/04, 10/1/08
5101:6-50-05 Chapter 119. hearings: appointment and powers of a hearing examiner and
rules of practice.
(A) Initial scheduling of the hearing
(1) When an affected party timely requests a hearing, ODJFS will set the date, time, and place
for the hearing and notify the appellant of the scheduling. ODJFS will initially schedule the
hearing not earlier than seven calendar days but not later than fifteen days after the hearing was
requested. The first notification concerning a scheduled hearing will be written and sent by
registered mail, return receipt requested. All subsequent letters and notices will be sent by
ordinary mail.
(2) Nothing in this rule shall be construed so as to prevent ODJFS from postponing and
rescheduling any hearing upon its own motion or upon the motion of any appellant who can
show good cause for such a request.
(3) Nothing in this rule shall be construed from preventing ODJFS and the appellant from
entering into a written agreement establishing the time, date, and place of the hearing.
(B) Joinder of individual cases
On its own motion, or on motion of the appellant, ODJFS or the hearing examiner may join any
individual cases where there exist incidents of common ownership or interest and where joinder
would be appropriate for efficient and economic fairness to the parties.
(C) Computation of time deadlines
Section 1.14 of the Revised Code controls the computing of time deadlines imposed by Chapter
119. of the Revised Code and Chapter 5101:6-50 of the Administrative Code. The time within
which an act is required by law to be completed is computed by excluding the first day and
including the last day. When the last day falls on a Saturday, Sunday, or legal holiday, the act
may be completed on the next succeeding day that is not a Saturday, Sunday, or legal holiday.
When the last day to perform an act that is required by law is to be performed in a public office,
and that public office is closed to the public for the entire day or before its usual closing time for
that day, then the act may be performed on the next succeeding day that is not a Saturday,
Sunday, or legal holiday.
Page 7 of 14
(D) Rules of practice in hearings conducted under this chapter
In all hearings conducted under Chapter 5101:6-50 of the Administrative Code where a
stenographic record is taken and where the stenographic record may be the basis of an appeal
to a court of law, the following rules of practice will be followed:
(1) The attorney general, or assistants or special counsel designated by the attorney general,
will represent ODJFS. The director of ODJFS may designate members of ODJFS to assist the
attorney general in the preparation and presentation of ODJFS cases and to be present at all
times during the hearing and any pre-hearing conferences.
(2) Any person not appearing pro se and any corporation, partnership, association, or other
entity must be represented by an attorney admitted to the practice of law in this state. Persons
authorized to practice law in any other jurisdiction may be permitted to represent an appellant
before ODJFS upon the motion of an attorney licensed to practice before the courts of this state.
When the appellant is represented by more than one attorney, one attorney must be designated
by the appellant as "trial counsel" and that attorney is deemed the appellant's attorney of record
and is primarily responsible for the appellant's case at the hearing. No attorney representing an
appellant is permitted to withdraw from any hearing proceeding before ODJFS without prior
notice being served upon ODJFS and prior approval by the hearing examiner.
(E) Authority of hearing examiners appointed by ODJFS
The director may assign a hearing examiner to conduct any hearing held subject to Chapter
5101:6-50 of the Administrative Code. Any person assigned to be a hearing examiner must be
admitted to the practice of law in the state of Ohio and have such other qualifications as the
director deems necessary. The hearing examiner may be an employee of ODJFS or under
contract to ODJFS. The hearing examiner has the same powers as granted to ODJFS in
conducting the hearing. These powers include, but are not limited to, the following:
(1) The general authority to regulate the course of the hearing and to issue orders governing the
conduct of the hearing.
(2) The authority to administer oaths or affirmations, order the production of documents and the
attendance of witnesses, call and examine witnesses in a reasonable and impartial manner, and
to determine the order in which the participants to a hearing will present testimony and be
examined in a manner consistent with essential fairness and justice.
(3) The authority to pass upon the admissibility of evidence, and rule on objections, procedural
motions, and other procedural matters.
(4) The authority to issue orders intended to facilitate settlement of the case, including the
scheduling of settlement conferences, directing the exchange of offers and demands, and any
other actions that may facilitate the prompt resolution of disputed matters.
(5) The authority to hold one or more pre-hearing conferences of the participants for the
purpose of resolving issues that can be resolved by the participants including facilitation of a
settlement, identifying the witnesses to be presented and the subject of their testimony,
discussing possible admissions or stipulations regarding the authenticity of records, identifying
and marking exhibits, and ruling on any procedural motions of the participants, resolving
outstanding discovery claims, and clarifying the issues to be addressed at the hearing, and
Page 8 of 14
discussing any other matters deemed appropriate by the hearing examiner for the thorough and
expeditious preparation and disposition of the case.
(6) The authority to take such other actions as might be necessary to avoid unnecessary delay,
prevent presentation of irrelevant or cumulative evidence, prevent argumentative, repetitious, or
irrelevant examination or cross-examination, and to assure that the hearing proceeds in an
orderly and expeditious manner.
(7) Nothing in this rule nor in any other ODJFS rule is to be construed as granting a hearing
examiner the authority to dismiss any hearing. Nothing in this rule nor in any other ODJFS rule
limits the director's authority to withdraw a proposal to enter an order of adjudication or limits the
authority of the director to define the scope of any hearing.
(8) Upon the motion of the hearing examiner, ODJFS, or the appellant, the hearing examiner
may require the submission of briefs and memoranda at any time during the proceeding. The
hearing examiner may limit these filings to one or more specific issues and may prescribe
procedures and time schedules for their submission. All briefs, memoranda, motions, or other
pleadings are subject to the following requirements:
(a) If any unreported court decision is cited in any brief or memorandum, a copy of such
decision is to be attached to the brief or memorandum containing the citation.
(b) All briefs, memoranda, motions or other pleadings must be filed with the depository agent
within three days after service. A certificate of service is to be attached attesting both to the
service of a copy of the pleading on the opposing party and the provision of a copy to the
hearing examiner. Service is governed by rule 5 (7/1/ 2012) of the Ohio Rules of Civil Procedure
except that any reference to "court" in rule 5 will be interpreted to refer to the "depository agent."
(c) Only those pleadings, orders, and other papers filed with the depository agent will be a part
of the official record.
(d) All briefs, memoranda, motions, or other pleadings and papers must be on eight-and-one-
half-inch by eleven-inch paper and double-spaced.
(e) All orders, reports, recommendations, and rulings issued by the hearing examiner are to be
signed, dated, and filed with the depository agent.
(F) Pre-hearing conferences
Reasonable notice of all pre-hearing conferences will be provided to participants in advance of

each such conference. Unless otherwise ordered for good cause shown, failure to attend a pre-
hearing conference precludes objections to rulings made at such conference, including rulings
relating to the merits of the appeal.
(1) The first pre-hearing conference is set by ODJFS. ODJFS and the appellant each may file a
pre-hearing questionnaire if directed by ODJFS in the letter scheduling such conference. The
hearing examiner may require the submission of a pre-hearing questionnaire before the
scheduled date of any pre-hearing conference or before any scheduled hearing.
(2) Following the conclusion of any pre-hearing conference, the hearing examiner conducting
the conference will issue an appropriate pre-hearing report and order reciting or summarizing
Page 9 of 14
any agreements reached or rulings made. Unless otherwise ordered for good cause shown, any
order issued is binding upon all participants in the hearing, and such orders control the
subsequent course of the proceeding. Hearing examiner orders are to be in writing, furnished to
the appellant and ODJFS, and be part of the record of the case. However, the hearing examiner
may modify such orders if, at or before the hearing, modification becomes necessary or assists
to preserve the essential fairness and progress of the hearing.
(3) The appellant and ODJFS must file a final pre-hearing questionnaire at least ten business
days before the final hearing. The questionnaire must include, at a minimum, a statement of the
questions of law or fact to be decided at the hearing, a list of expert and non-expert witnesses, a
list of all exhibits expected to be introduced at the hearing, suggested stipulations, estimated
number of days required for hearing, and a statement that all discovery, when applicable, and
motion proceedings have been completed or that a reasonable opportunity has been afforded. If
discovery is incomplete, a statement of an agreed cut-off date is to be included. The
questionnaire must be signed by trial counsel. No further additions to the proposed list of
witnesses and exhibits will be permitted without good cause shown and the permission of the
hearing examiner or the director.
(4) ODJFS, upon its own motion or that of the hearing examiner, may waive any pre-hearing
conference or questionnaire and may issue a written notice to the parties scheduling the hearing
and setting forth the conditions applicable to the conduct of the hearing.
(G) Withdrawal of proposed adjudication orders
ODJFS, upon its own motion, at any time before the issuance of an order of adjudication, may
withdraw its proposal to implement such an order without prejudice to the rights of the parties.
An appellant may withdraw a request for a hearing only with the prior approval of the hearing
examiner.
Rule Amplifies: 119.06 , 119.07 , 119.09 , 1701.07 , 1703.19 , 5101.24 , 5103.03 , 5103.12 ,
5104.03 , 5104.04 , 5164.02 , 5164.38
5101:6-50-07 Chapter 119. hearings: discovery.
(A) Hearing examiner may allow pre-hearing discovery
(1) As a part of the authority to conduct the hearing, and except as provided in paragraph (B) of
this rule, the hearing examiner may allow pre-hearing discovery of any matter that is not
privileged or confidential and is relevant to the subject matter of the proceeding, provided that
such discovery is necessary to facilitate the thorough and adequate preparation of the hearing.
The participants to any hearing governed by this chapter may also conduct pre-hearing
discovery by mutually agreeable methods or by stipulations subject to approval by the hearing
examiner. When a method of pre-hearing discovery is permitted, it shall be conducted in
accordance with the Ohio Rules of Civil Procedure (7/1/ 2012) unless the hearing examiner
orders otherwise, and except as modified by paragraph (B) of this rule. Use of discovered
material at any hearing shall also be governed by the Ohio Rules of Civil Procedure (7/1/ 2012).
Page 10 of 14
(2) When permitted pursuant to this rule, pre-hearing discovery may begin immediately after a
hearing request is timely made, and must be completed before the actual commencement of the
hearing. The hearing examiner may limit the length of the time allowed for discovery and may
shorten the time allowed for response to discovery requests. Pre-hearing discovery may be
obtained through use of interrogatories, requests for the production of documents, permission to
enter upon land or other property, depositions, and requests for admissions.
(3) Nothing in this rule prohibits an appellant or ODJFS from gaining access to any information
made public by the operation of state law.
(B) Discovery not permitted in specified certain hearings
(1) Discovery is not available in hearings requested pursuant to Chapters 5103. and 5104. of
the Revised Code unless the parties stipulate to limited or full pre-hearing discovery.
(2) Section 5101.29 of the Revised Code designates the following records held by ODJFS or a
county department of job and family services or a public children services agency as not being
public records and these records are not discoverable:
(a) Names and other identifying information regarding children enrolled or attending a child day
care center or home subject to licensure, certification, or registration under Chapter 5104. of the
Revised Code.
(b) Names and other identifying information regarding children placed with an institution or
association certified under section 5103.03 of the Revised Code.
(c) Names and other identifying information regarding a person who makes a written or oral
complaint regarding a child day care center or home subject to licensure, certification or
registration under Chapter 5104. of the Revised Code.
(C) Depositions
For the purpose of conducting a hearing, ODJFS or any appellant may take depositions of
witnesses residing within or without the state in the same manner as is prescribed by law for the
taking of depositions in civil actions in the court of common pleas of this state. Depositions of
ODJFS employees are to be conducted in the Columbus offices of ODJFS during normal
business hours unless other arrangements are approved by ODJFS.
(D) Subpoena issuance and enforcement
ODJFS, upon its own motion or that of any appellant, will issue a subpoena requiring the
attendance of witnesses and the production of books and records as are necessary for the
purpose of conducting a hearing.
(1) Upon the request of the appellant, ODJFS will issue a subpoena for any witness or a
subpoena duces tecum to compel the production of any books, records, or papers. ODJFS will
issue such subpoena in blank to a party requesting it, who is solely responsible for completing
the subpoena form, including the address where the person is to be served, and returning it to
the depository agent along with a written request for service. The written request along with the
completed subpoena must be received by the depository agent no later than twenty-one
business days before the commencement of the hearing or deposition, unless otherwise
Page 11 of 14
ordered for good cause shown. Upon its own initiative and for its own use, ODJFS may issue a
subpoena for any purpose set forth in this rule or otherwise authorized by law. At its discretion,
ODJFS may make available electronically a subpoena in blank and may authorize electronic
submission of a completed subpoena.
(2) All subpoenas issued under this rule are to be directed to the sheriff of the county where the
person to be served resides or is found. The subpoena is to be served and returned in the same
manner as a subpoena in a criminal case. Fees and mileage of the sheriff and the witness will
be the same as that allowed in the court of common pleas in criminal cases. ODJFS will pay
allowable fees and mileage.
(3) In any case of disobedience or neglect of any subpoena served upon any person, or the
refusal of any witness to testify to any matter in which there may be lawful interrogation, ODJFS
will apply to the court of common pleas where such disobedience, neglect, or refusal occurs for
an order to compel obedience by attachment proceedings for contempt, as in the case of
disobedience of the requirements of a subpoena issued from such court, or a refusal to testify
therein.
Rule Amplifies: 119.06 , 119.07 , 119.09 , 1701.07 , 1703.19 , 5101.24 , 5103.12 , 5103.03 ,
5104.03 , 5104.04 , 5164.02 , 5164.38
5101:6-50-09 Chapter 119. hearings: conduct of the hearing and adjudication order.
(A) Conduct of the hearing
(1) The date, time, and place of any hearing before ODJFS is set by ODJFS or the hearing
examiner. The hearing examiner will provide written or electronic notice before the date of the
hearing to all participants in the hearing and file a copy of the written notice with the depository
agent. Hearings are to be scheduled in accordance with the following requirements.
(a) All hearings will be conducted in Columbus during normal business hours unless other times
are authorized by the director.
(b) Upon the written request of the appellant, the director may designate the site of the hearing
to be the county seat of the county wherein the appellant resides or, alternately, a place within
fifty miles of the appellant's residence. The approval of an alternative location is at the discretion
of the director. Requests for an alternative hearing site must be filed with the depository agent at
least thirty days before the scheduled date of the hearing and served as provided in rule 5101:6-
50-05 of the Administrative Code.
(c) Once begun, any hearing normally continues day to day until completed, unless continued
by the hearing officer for good cause shown.
(2) Subject to the prior approval of the hearing examiner, any appellant may choose to present
the case entirely in writing provided that a written request is made by the appellant no later than
fourteen business days before the date scheduled for the hearing. Any request to present the
Page 12 of 14
case entirely in writing must be filed with the depository agent and served as provided in rule
5101:6-50-05 of the Administrative Code. Any appellant who elects to present the case entirely
in writing must do so in accordance with procedures ordered by the hearing examiner. The
hearing examiner's order must be in writing and filed with the depository agent. In the event that
the appellant elects to present its case in writing, ODJFS, with the consent of the appellant, may
elect to present its case entirely in writing. Nothing in this rule is to be construed as preventing
ODJFS from compelling the attendance of the appellant or other witnesses at the hearing and
questioning the appellant or other witnesses as if on cross-examination. Nothing in this rule is to
be construed as preventing any appellant from examining any witnesses or evidence presented
by ODJFS at the hearing.
(3) During the course of any hearing, the participants to the proceeding may enter into oral
stipulations of fact, procedure, or the authenticity of documents, which will be incorporated into
the record and will bind the conduct of the participants. The hearing examiner conducting the
case may require oral stipulations to be reduced to writing and submitted to the hearing
examiner. The hearing examiner assigned to conduct a hearing has the power to rule on the
admissibility of evidence or testimony, but a participant may make objections to the rulings
thereon. If the hearing examiner refuses to admit evidence or testimony, the participant seeking
admission of same must make a proffer thereof and such proffer will be made a part of the
record of the hearing. The hearing examiner may refer to the guidelines contained in the Ohio
Rules of Evidence (7/1/ 2012) in making decisions on admissibility.
(4) Any audit report, report of examination, exit conference report, or report of final settlement
issued by ODJFS and entered into evidence is to be considered prima facie evidence of what it
asserts and its admissibility is not subject to the consent of the appellant pursuant to paragraph
(B) of this rule.
(B) Findings of fact, conclusions of law, recommendations, and objections
(1) Upon the conclusion of any hearing, the hearing examiner will prepare a written report of
findings of fact, conclusions of law, and recommendations of action to be taken by ODJFS in
disposition of the hearing. The report must be filed with the depository agent. Within five days of
the report's filing with the depository agent, as evidenced by the time stamp of the agent,
ODJFS will send by certified mail, return receipt requested, to the appellant, the appellant's
attorney, or other authorized representative of record a copy of the hearing examiner's report.
The report will be considered to have been mailed as of the mailing date appearing on United
States postal service form 3800 (rev. 8/2006), or any future equivalent postal service form. If
delivery is not successful by certified mail, the applicable provisions of section 119.07 of the
Revised Code shall be followed.
(2) An appellant may file written objections to the hearing examiner's report. Any such
objections must be received no later than ten days after the appellant receives the report. The
director may grant an extension of time to file objections if the appellant's written request for an
extension is received by ODJFS no later than ten days after the appellant's receipt of the report.
The date the appellant receives the hearing examiner's report is the receipt date indicated on
the United States postal service form 3800, or any future equivalent postal services form. The
director will consider timely written objections before approving, modifying, or disapproving the
recommendations of the hearing examiner.
Page 13 of 14
(C) Final order of adjudication
(1) Recommendations of the hearing examiner may be approved, modified, or disapproved by

the director. The director may order additional testimony to be taken and permit the introduction
of further documentary evidence. In those instances where the director modifies or disapproves
the recommendations of the hearing examiner, the director will include the reasons therefor and
incorporate said reasons into the final order of adjudication.
(2) After the director has entered an order approving, modifying, or disapproving the hearing
examiner's recommendation on the ODJFS journal of proceedings, the director will mail to the
appellant by certified mail, return receipt requested, a copy of the order and a statement of the
time and method by which an appeal may be perfected. A copy of such order shall be mailed to
the attorney or other authorized representative of record representing the party.
(D) Appeal of final adjudication order
(1) Any appellant other than a licensee against whom a final order of adjudication is entered,
pursuant to this rule, may appeal that order to the Franklin county court of common pleas. Any
licensee against whom a final order of adjudication is entered, pursuant to this rule, may appeal
that order to the court of common pleas of the county in which the place of business of the
licensee is located or the county in which the licensee is a resident.
(2) Any party desiring an appeal pursuant to this rule must file a notice of appeal with the proper
depository agent setting forth the order appealed from and stating that the agency's order is not
supported by reliable, probative, and substantial evidence and is not in accordance with the law.
The notice may, but need not, set forth the specific grounds of the party's appeal beyond the
statement that the agency's order is not supported by reliable, probative, and substantial
evidence and is not in accordance with the law. In order to be determined filed with ODJFS, the
notice of appeal must be received by the proper depository agent, as evidenced by an ODJFS
date and time stamp, no later than fifteen days after the mailing to the affected party, as
evidenced by the mailing date on the United States postal service form 3800, or any future
equivalent postal service form, of the order to be appealed from. Appellant shall also file the
notice of appeal with the court of common pleas no later than fifteen days after the mailing to
the affected party, as evidenced by United States postal service form 3800, or any future
equivalent postal service form, of the order to be appealed from. In filing a notice of appeal with
the agency or court, the notice that is filed may be the original notice or a copy of the original
notice.
Rule Amplifies: 119.06 , 119.07 , 119.09 , 119.12 , 1701.07 , 1703.19 , 5101.24 , 5103.03 ,
5103.12 , 5104.03 , 5104.04 , 5164.02 , 5164.38
Prior Effective Dates: 1/1/83, 1/10/87, 12/1/87 (Emer), 2/15/88, 2/1/99, 4/1/04, 10/1/08, 1/20/11
Page 14 of 14
119.06 Adjudication order of agency valid and effective - hearings - periodic registration
of licenses.
No adjudication order of an agency shall be valid unless the agency is specifically authorized by
law to make such order.
No adjudication order shall be valid unless an opportunity for a hearing is afforded in

accordance with sections 119.01 to 119.13 of the Revised Code. Such opportunity for a hearing
shall be given before making the adjudication order except in those situations where this section
provides otherwise.
The following adjudication orders shall be effective without a hearing:
(A) Orders revoking a license in cases where an agency is required by statute to revoke a
license pursuant to the judgment of a court;
(B) Orders suspending a license where a statute specifically permits the suspension of a license
without a hearing;
(C) Orders or decisions of an authority within an agency if the rules of the agency or the statutes
pertaining to such agency specifically give a right of appeal to a higher authority within such
agency, to another agency, or to the board of tax appeals, and also give the appellant a right to
a hearing on such appeal.
When a statute permits the suspension of a license without a prior hearing, any agency issuing
an order pursuant to such statute shall afford the person to whom the order is issued a hearing
upon request.
Whenever an agency claims that a person is required by statute to obtain a license, it shall
afford a hearing upon the request of a person who claims that the law does not impose such a
requirement.
Every agency shall afford a hearing upon the request of any person who has been refused
admission to an examination where such examination is a prerequisite to the issuance of a
license unless a hearing was held prior to such refusal.
Unless a hearing was held prior to the refusal to issue the license, every agency shall afford a
hearing upon the request of a person whose application for a license has been rejected and to
whom the agency has refused to issue a license, whether it is a renewal or a new license,
except that the following are not required to afford a hearing to a person to whom a new license
has been refused because the person failed a licensing examination: the state medical board,
state chiropractic board, architects board, Ohio landscape architects board, and any section of
the Ohio occupational therapy, physical therapy, and athletic trainers board.
When periodic registration of licenses is required by law, the agency shall afford a hearing upon
the request of any licensee whose registration has been denied, unless a hearing was held prior
to such denial.
When periodic registration of licenses or renewal of licenses is required by law, a licensee who
has filed an application for registration or renewal within the time and in the manner provided by
statute or rule of the agency shall not be required to discontinue a licensed business or
(Updated 02-2015) Page 1 of 13
profession merely because of the failure of the agency to act on the licensee's application.
Action of an agency rejecting any such application shall not be effective prior to fifteen days
after notice of the rejection is mailed to the licensee.
Amended by 130th General Assembly File No. 48, SB 68, §1, eff. 12/19/2013.
Effective Date: 04-10-2001
119.061 Power of certain agencies.
Every agency authorized by law to adopt, amend, or rescind rules may suspend the license of
any person, over whom such agency has jurisdiction within the purview of sections 119.01 to
119.13 of the Revised Code, for engaging in deceptive trade practice as defined in section
4165.02 of the Revised Code. Except as otherwise expressly provided by law existing as of
November 2, 1959, no agency may make rules which would limit or restrict the right of any
person to advertise in compliance with law.
119.062 Revocation or suspension of driver's license.
(A) Notwithstanding section 119.06 of the Revised Code, the registrar of motor vehicles is not
required to hold any hearing in connection with an order canceling or suspending a motor
vehicle driver's or commercial driver's license pursuant to section 2903.06 , 2903.08 , 2907.24 ,
2921.331 , 4549.02 , 4549.021 , or 5743.99 or any provision of Chapter 2925., 4509., 4510., or
4511. of the Revised Code or in connection with an out-of-service order issued under Chapter
4506. of the Revised Code.
(B) Notwithstanding section 119.07 of the Revised Code, the registrar is not required to use
registered mail, return receipt requested, in connection with an order canceling or suspending a
motor vehicle driver's or commercial driver's license or a notification to a person to surrender a
certificate of registration and registration plates.
119.07 Notice of hearing - contents - notice of order of suspension of license -

publication of notice - effect of failure to give notice.
Except when a statute prescribes a notice and the persons to whom it shall be given, in all
cases in which section 119.06 of the Revised Code requires an agency to afford an opportunity
for a hearing prior to the issuance of an order, the agency shall give notice to the party informing
the party of the party's right to a hearing. Notice shall be given by registered mail, return receipt
requested, and shall include the charges or other reasons for the proposed action, the law or
rule directly involved, and a statement informing the party that the party is entitled to a hearing if
the party requests it within thirty days of the time of mailing the notice. The notice shall also
inform the party that 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 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. A copy of the
notice shall be mailed to attorneys or other representatives of record representing the party.
Page 2 of 13
This paragraph does not apply to situations in which such section provides for a hearing only
when it is requested by the party.
When a statute specifically permits the suspension of a license without a prior hearing, notice of
the agency's order shall be sent to the party by registered mail, return receipt requested, not
later than the business day next succeeding such order. The notice shall state the reasons for
the agency's action, cite the law or rule directly involved, and state that the party will be afforded
a hearing if the party requests it within thirty days of the time of mailing the notice. A copy of the
notice shall be mailed to attorneys or other representatives of record representing the party.
Whenever a party requests a hearing in accordance with this section and section 119.06 of the
Revised Code, the agency shall immediately set the date, time, and place for the hearing and
forthwith notify the party thereof. The date set for the hearing shall be within fifteen days, but not
earlier than seven days, after the party has requested a hearing, unless otherwise agreed to by
both the agency and the party.
When any notice sent by registered mail, as required by sections 119.01 to 119.13 of the
Revised Code, is returned because the party fails to claim the notice, the agency shall send the
notice by ordinary mail to the party at the party's last known address and shall obtain a
certificate of mailing. Service by ordinary mail is complete when the certificate of mailing is
obtained unless the notice is returned showing failure of delivery.
If any notice sent by registered or ordinary mail is returned for failure of delivery, the agency
either shall make personal delivery of the notice by an employee or agent of the agency or shall
cause a summary of the substantive provisions of the notice to be published once a week for
three consecutive weeks in a newspaper of general circulation in the county where the last
known address of the party is located. When notice is given by publication, a proof of publication
affidavit, with the first publication of the notice set forth in the affidavit, shall be mailed by
ordinary mail to the party at the party's last known address and the notice shall be deemed
received as of the date of the last publication. An employee or agent of the agency may make
personal delivery of the notice upon a party at any time.
Refusal of delivery by personal service or by mail is not failure of delivery and service is deemed
to be complete. Failure of delivery occurs only when a mailed notice is returned by the postal
authorities marked undeliverable, address or addressee unknown, or forwarding address
unknown or expired. A party's last known address is the mailing address of the party appearing
in the records of the agency.
The failure of an agency to give the notices for any hearing required by sections 119.01 to
119.13 of the Revised Code in the manner provided in this section shall invalidate any order
entered pursuant to the hearing.
Effective Date: 03-27-1991; 2007 HB119 09-29-2007
119.08 Date, time, and place of adjudication hearing.
The date, time, and place of each adjudication hearing required by sections 119.01 to 119.13 ,
inclusive, of the Revised Code, shall be determined by the agency. If requested by the party in
writing, the agency may designate as the place of hearing the county seat of the county wherein
such person resides or a place within fifty miles of such person's residence.

Page 3 of 13
119.09 Adjudication hearing.
As used in this section "stenographic record" means a record provided by stenographic means
or by the use of audio electronic recording devices, as the agency determines.
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 in the same manner as is prescribed by law for the
taking of depositions in civil actions in the court of common pleas, and for that purpose the
agency may, and upon the request of any party receiving notice of the hearing as required by
section 119.07 of the Revised Code shall, issue a subpoena for any witness or a subpoena
duces tecum to compel the production of any books, records, or papers, directed to the sheriff of
the county where such witness resides or is found, which shall be served and returned in the
same manner as a subpoena in a criminal case is served and returned. The sheriff shall be paid
the same fees for services as are allowed in the court of common pleas in criminal cases.
Witnesses shall be paid the fees and mileage provided for under section 119.094 of the Revised
Code. Fees and mileage shall be paid from the fund in the state treasury for the use of the
agency in the same manner as other expenses of the agency are paid.
An agency may postpone or continue any adjudication hearing upon the application of any party
or upon its own motion.
In any case of disobedience or neglect of any subpoena served on any person or the refusal of
any witness to testify to any matter regarding which the witness may lawfully be interrogated,
the court of common pleas of any county where such disobedience, neglect, or refusal occurs or
any judge thereof, on application by the agency shall compel obedience by attachment
proceedings for contempt, as in the case of disobedience of the requirements of a subpoena
issued from such court, or a refusal to testify therein.
At any adjudication hearing required by sections 119.01 to 119.13 of the Revised Code, the
record of which may be the basis of an appeal to court, a stenographic record of the testimony
and other evidence submitted shall be taken at the expense of the agency. Such record shall
include all of the testimony and other evidence, and rulings on the admissibility thereof
presented at the hearing. This paragraph does not require a stenographic record at every
adjudication hearing. In any situation where an adjudication hearing is required by sections
119.01 to 119.13 of the Revised Code, if an adjudication order is made without a stenographic
record of the hearing, the agency shall, on request of the party, afford a hearing or rehearing for
the purpose of making such a record which may be the basis of an appeal to court. The rules of
an agency may specify the situations in which a stenographic record will be made only on
request of the party; otherwise such a record shall be made at every adjudication hearing from
which an appeal to court might be taken.
The agency shall pass upon the admissibility of evidence, but a party may at the time make
objection to the rulings of the agency thereon, and if the agency refuses to admit evidence, the
party offering the same shall make a proffer thereof, and such proffer shall be made a part of
the record of such hearing.
In any adjudication hearing required by sections 119.01 to 119.13 of the Revised Code, the
agency may call any party to testify under oath as upon cross-examination.
Page 4 of 13
The agency, or any one delegated by it to conduct an adjudication hearing, may administer
oaths or affirmations.
In any adjudication hearing required by sections 119.01 to 119.13 of the Revised Code, the
agency may appoint a referee or examiner to conduct the hearing. The referee or examiner
shall have the same powers and authority in conducting the hearing as is granted to the agency.
Such referee or examiner shall have been admitted to the practice of law in the state and be
possessed of such additional qualifications as the agency requires. The referee or examiner
shall submit to the agency a written report setting forth the referee's or examiner's findings of
fact and conclusions of law and a recommendation of the action to be taken by the agency. A
copy of such written report and recommendation of the referee or examiner shall within five
days of the date of filing thereof, be served upon the party or the party's attorney or other
representative of record, by certified mail. The party may, within ten days of receipt of such copy
of such written report and recommendation, file with the agency written objections to the report
and recommendation, which objections shall be considered by the agency before approving,
modifying, or disapproving the recommendation. The agency may grant extensions of time to
the party within which to file such objections. No recommendation of the referee or examiner
shall be approved, modified, or disapproved by the agency until after ten days after service of
such report and recommendation as provided in this section. The agency may order additional
testimony to be taken or permit the introduction of further documentary evidence. The
recommendation of the referee or examiner may be approved, modified, or disapproved by the
agency, and the order of the agency based on such report, recommendation, transcript of
testimony and evidence, or objections of the parties, and additional testimony and evidence
shall have the same effect as if such hearing had been conducted by the agency. No such
recommendation shall be final until confirmed and approved by the agency as indicated by the
order entered on its record of proceedings, and if the agency modifies or disapproves the
recommendations of the referee or examiner it shall include in the record of its proceedings the
reasons for such modification or disapproval.
After such order is entered on its journal, the agency shall serve by certified mail, return receipt
requested, upon the party affected thereby, a certified copy of the order and a statement of the
time and method by which an appeal may be perfected. A copy of such order shall be mailed to
the attorneys or other representatives of record representing the party.
Effective Date: 07-26-1991; 2008 HB525 07-01-2009
119.091 Failure of agency to hold adjudication hearing before expiration of license.
The failure of any agency to hold an adjudication hearing before the expiration of a license shall
not terminate the request for a hearing and shall not invalidate any order entered by the agency
after holding the hearing. If during or after such hearing but before the issuance of an order the
existing license shall expire[,] the adjudicatory agency shall in its order in favor of the affected
party provide that the licensing authority shall renew the license upon payment of the fee
prescribed by law for the renewal of the license.
Page 5 of 13
119.092 Attorney fees.
(A) As used in this section:
(1) "Eligible party" means a party to an adjudication hearing other than the following:
(a) The agency;
(b) An individual whose net worth exceeded one million dollars at the time he received
notification of the hearing;
(c) A sole owner of an unincorporated business that had, or a partnership, corporation,

association, or organization that had, a net worth exceeding five million dollars at the time the
party received notification of the hearing, except that an organization that is described in
subsection 501(c)(3) and is tax exempt under subsection 501(a) of the Internal Revenue Code,
shall not be excluded as an eligible party under this division because of its net worth;
(d) A sole owner of an unincorporated business that employed, or a partnership, corporation,

association, or organization that employed, more than five hundred persons at the time the party
received notification of the hearing.
(2) "Fees" means reasonable attorney's fees, in an amount not to exceed seventy-five dollars
per hour or a higher hourly fee that the agency establishes by rule and that is applicable under
the circumstances.
(3) "Internal Revenue Code" means the "Internal Revenue Code of 1954," 68A Stat. 3, 26
U.S.C. 1 , as amended.
(4) "Prevailing eligible party" means an eligible party that prevails after an adjudication hearing,
as reflected in an order entered in the journal of the agency.
(B)
(1) Except as provided in divisions (B)(2) and (F) of this section, if an agency conducts an
adjudication hearing under this chapter, the prevailing eligible party is entitled, upon filing a
motion in accordance with this division, to compensation for fees incurred by that party in
connection with the hearing. A prevailing eligible party that desires an award of compensation
for fees shall file a motion requesting the award with the agency within thirty days after the date
that the order of the agency is entered in its journal. The motion shall do all of the following:
(a) Identify the party;
(b) Indicate that the party is the prevailing eligible party and is entitled to receive an award of
compensation for fees;
(c) Include a statement that the agency's position in initiating the matter in controversy was not
substantially justified;
(d) Indicate the amount sought as an award;
Page 6 of 13
(e) Itemize all fees sought in the requested award. This itemization shall include a statement
from any attorney who represented the prevailing eligible party, that indicates the fees charged,
the actual time expended, and the rate at which the fees were calculated.
(2) Upon the filing of a motion under this section, the request for the award shall be reviewed by
the referee or examiner who conducted the adjudication hearing or, if none, by the agency
involved. In the review, the referee, examiner, or agency shall determine whether the fees
incurred by the prevailing eligible party exceeded one hundred dollars, whether the position of
the agency in initiating the matter in controversy was substantially justified, whether special
circumstances make an award unjust, and whether the prevailing eligible party engaged in
conduct during the course of the hearing that unduly and unreasonably protracted the final
resolution of the matter in controversy. The referee, examiner, or agency shall issue a
determination, in writing, on the motion of the prevailing eligible party, which determination shall
include a statement indicating whether an award has been granted, the findings and
conclusions underlying it, the reasons or bases for the findings and conclusions, and, if an
award has been granted, its amount. The determination shall be entered in the record of the
prevailing eligible party's case, and a copy of it mailed to the prevailing eligible party.
With respect to a motion under this section, the agency involved, through any representative it
designates, has the burden of proving that its position in initiating the matter in controversy was
substantially justified, that special circumstances make an award unjust, or that the prevailing
eligible party engaged in conduct during the course of the hearing that unduly and unreasonably
protracted the final resolution of the matter in controversy. A referee, examiner, or agency
considering a motion under this section may deny an award entirely, or reduce the amount of an
award that otherwise would be payable, to a prevailing eligible party only as follows:
(a) If the determination is that the agency has sustained its burden of proof that its position in
initiating the matter in controversy was substantially justified or that special circumstances make
an award unjust, the motion shall be denied;
(b) If the determination is that the agency has sustained its burden of proof that the prevailing
eligible party engaged in conduct during the course of the hearing that unduly and unreasonably
protracted the final resolution of the matter in controversy, the referee, examiner, or agency may
reduce the amount of an award, or deny an award, to that party to the extent of that conduct;
(c) If the determination is that the fees of the prevailing eligible party were not in excess of one
hundred dollars, the referee, agency, or examiner shall deny the motion.
(3) For purposes of this section, decisions by referees or examiners upon motions are final and
are not subject to review and approval by an agency. These decisions constitute final
determinations of the agency for purposes of appeals under division (C) of this section.
(C) A prevailing eligible party that files a motion for an award of compensation for fees under
this section and that is denied an award or receives a reduced award may appeal the
determination of the referee, examiner, or agency to the same court, as determined under
section 119.12 of the Revised Code, as the party could have appealed the adjudication order of
the agency had the party been adversely affected by it. An agency may appeal the grant of an
award to this same court if a referee or examiner made the final determination pursuant to
division (B)(3) of this section. Notices of appeal shall be filed in the manner and within the
period specified in section 119.12 of the Revised Code.
Page 7 of 13
Upon the filing of an appeal under this division, the agency shall prepare and certify to the court
involved a complete record of the case, and the court shall conduct a hearing on the appeal.
The agency and the court shall do so in accordance with the procedures established in section
119.12 of the Revised Code for appeals pursuant to that section, unless otherwise provided in
this division.
The court hearing an appeal under this division may modify the determination of the referee,
examiner, or agency with respect to the motion for compensation for fees only if the court finds
that the failure to grant an award, or the calculations of the amount of an award, involved an
abuse of discretion. The judgment of the court is final and not appealable, and a copy of it shall
be certified to the agency involved and the prevailing eligible party.
(D) Compensation for fees awarded to a prevailing eligible party under this section may be paid
by an agency from any funds available to it for payment of such compensation. If an agency
does not pay compensation from such funds or no such funds are available, upon the filing of a
referee's, examiner's, agency's, or court's determination or judgment in favor of the prevailing
eligible party with the clerk of the court of claims, the determination or judgment awarding
compensation for fees shall be treated as if it were a judgment under Chapter 2743. of the
Revised Code and be payable in accordance with the procedures specified in section 2743.19
of the Revised Code, except that interest shall not be paid in relation to the award.
(E) Each agency that is required to pay compensation for fees to a prevailing eligible party
pursuant to this section during any fiscal year shall prepare a report for that year. The report
shall be completed no later than the first day of October of the fiscal year following the fiscal
year covered by the report, and copies of it shall be filed with the general assembly. It shall
contain the following information for the covered fiscal year:
(1) The total amount and total number of the awards of compensation for fees required to be
paid by the agency;
(2) The amount and nature of each individual award that the agency was required to pay;
(3) Any other relevant information that may aid the general assembly in evaluating the scope
and impact of awards of compensation for fees.
(F) The provisions of this section do not apply when any of the following circumstances are
involved:
(1) An adjudication hearing was conducted for the purpose of establishing or fixing a rate;
(2) An adjudication hearing was conducted for the purpose of determining the eligibility or
entitlement of any individual to benefits;
(3) A prevailing eligible party was represented in an adjudication hearing by an attorney who
was paid pursuant to an appropriation by the federal or state government or a local government;
(4) An adjudication hearing was conducted by the state personnel board of review pursuant to
authority conferred by section 124.03 of the Revised Code, or by the state employment relations
board pursuant to authority conferred by Chapter 4117. of the Revised Code.
Page 8 of 13
119.093 Defining net worth for purpose of attorney fees.
The attorney general shall adopt a rule pursuant to this chapter that defines the term "net worth"
for purposes of sections 119.092 and 2335.39 of the Revised Code. The definition shall be
designed to permit agencies and courts to apply identical principles in determining whether a
party to an adjudication hearing, civil action or appeal of a civil action, or appeal of an
adjudication order pursuant to section 119.12 of the Revised Code is an eligible party for
purposes of the provisions of sections 119.092 and 2335.39 of the Revised Code.
119.094 Adjudication hearing witness fees.
(A) Unless otherwise provided by the Revised Code, each witness subpoenaed to an
adjudication hearing shall receive twelve dollars for each full day's attendance and six dollars for
each half day's attendance. Each witness also shall receive fifty and one-half cents for each
mile necessarily traveled to and from the witness's place of residence to the adjudication
hearing.
(B) As used in this section:
(1) "Full day's attendance" means a day on which a witness is required or requested to be
present at an adjudication hearing before and after twelve noon, regardless of whether the
witness actually testifies.
(2) "Half day's attendance" means a day on which a witness is required or requested to be
present at an adjudication hearing either before or after twelve noon, but not both, regardless of
whether the witness actually testifies.
Effective Date: 2008 HB525 07-01-2009
119.10 Counsel to represent agency.
At any adjudication hearing required by sections 119.01 to 119.13 , inclusive, of the Revised
Code, the record of which may be the basis of an appeal to court, and in all proceedings in the
courts of this state or of the United States, the attorney general or any of his assistants or
special counsel who have been designated by him shall represent the agency.
119.11 [Repealed].
119.12 Appeal by party adversely affected - notice - record - hearing - judgment.
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 of the county in which the place of business of the
Page 9 of 13
licensee is located or the county in which the licensee is a resident, except that appeals from
decisions of the liquor control commission, the state medical board, state chiropractic board,
and board of nursing shall be to the court of common pleas of Franklin county. If any party
appealing from the order is not a resident of and has no place of business in this state, the party
may appeal to the court of common pleas of Franklin county.
Any party adversely affected by any order of an agency issued pursuant to any other
adjudication may appeal to the court of common pleas of Franklin county, except that appeals
from orders of the fire marshal issued under Chapter 3737. of the Revised Code may be to the
court of common pleas of the county in which the building of the aggrieved person is located
and except that appeals under division (B) of section 124.34 of the Revised Code from a
decision of the state personnel board of review or a municipal or civil service township civil
service commission shall be taken to the court of common pleas of the county in which the
appointing authority is located or, in the case of an appeal by the department of rehabilitation
and correction, to the court of common pleas of Franklin county.
This section does not apply to appeals from the department of taxation.
Any party desiring to appeal shall file a notice of appeal with the agency setting forth the order
appealed from and stating that the agency's order is not supported by reliable, probative, and
substantial evidence and is not in accordance with law. The notice of appeal may, but need not,
set forth the specific grounds of the party's appeal beyond the statement that the agency's order
is not supported by reliable, probative, and substantial evidence and is not in accordance with
law. The notice of appeal shall also be filed by the appellant with the court. In filing a notice of
appeal with the agency or court, the notice that is filed may be either the original notice or a
copy of the original notice. Unless otherwise provided by law relating to a particular agency,
notices of appeal shall be filed within fifteen days after the mailing of the notice of the agency's
order as provided in this section. For purposes of this paragraph, an order includes a
determination appealed pursuant to division (C) of section 119.092 of the Revised Code. The
amendments made to this paragraph by Sub. H.B. 215 of the 128th general assembly are
procedural, and this paragraph as amended by those amendments shall be applied
retrospectively to all appeals pursuant to this paragraph filed before the effective date of those
amendments but not earlier than May 7, 2009, which was the date the supreme court of Ohio
released its opinion and judgment in Medcorp, Inc. v. Ohio Dep't. of Job and Family Servs.
(2009), 121 Ohio St.3d 622.
The filing of a notice of appeal shall not automatically operate as a suspension of the order of an
agency. If it appears to the court that an unusual hardship to the appellant will result from the
execution of the agency's order pending determination of the appeal, the court may grant a
suspension and fix its terms. If an appeal is taken from the judgment of the court and the court
has previously granted a suspension of the agency's order as provided in this section, the
suspension of the agency's order shall not be vacated and shall be given full force and effect
until the matter is finally adjudicated. No renewal of a license or permit shall be denied by
reason of the suspended order during the period of the appeal from the decision of the court of
common pleas. In the case of an appeal from the state medical board or state chiropractic
board, the court may grant a suspension and fix its terms if it appears to the court that an
unusual hardship to the appellant will result from the execution of the agency's order pending
determination of the appeal and the health, safety, and welfare of the public will not be
threatened by suspension of the order. This provision shall not be construed to limit the factors
the court may consider in determining whether to suspend an order of any other agency
pending determination of an appeal.
Page 10 of 13
The final order of adjudication may apply to any renewal of a license or permit which has been
granted during the period of the appeal.
Notwithstanding any other provision of this section, any order issued by a court of common
pleas or a court of appeals suspending the effect of an order of the liquor control commission
issued pursuant to Chapter 4301. or 4303. of the Revised Code that suspends, revokes, or
cancels a permit issued under Chapter 4303. of the Revised Code or that allows the payment of
a forfeiture under section 4301.252 of the Revised Code shall terminate not more than six
months after the date of the filing of the record of the liquor control commission with the clerk of
the court of common pleas and shall not be extended. The court of common pleas, or the court
of appeals on appeal, shall render a judgment in that matter within six months after the date of
the filing of the record of the liquor control commission with the clerk of the court of common
pleas. A court of appeals shall not issue an order suspending the effect of an order of the liquor
control commission that extends beyond six months after the date on which the record of the
liquor control commission is filed with a court of common pleas.
Notwithstanding any other provision of this section, any order issued by a court of common
pleas suspending the effect of an order of the state medical board or state chiropractic board
that limits, revokes, suspends, places on probation, or refuses to register or reinstate a
certificate issued by the board or reprimands the holder of the certificate shall terminate not
more than fifteen months after the date of the filing of a notice of appeal in the court of common
pleas, or upon the rendering of a final decision or order in the appeal by the court of common
pleas, whichever occurs first.
Within thirty days after receipt of a notice of appeal from an order in any case in which a hearing
is required by sections 119.01 to 119.13 of the Revised Code, the agency shall prepare and
certify to the court a complete record of the proceedings in the case. Failure of the agency to
comply within the time allowed, upon motion, shall cause the court to enter a finding in favor of
the party adversely affected. Additional time, however, may be granted by the court, not to
exceed thirty days, when it is shown that the agency has made substantial effort to comply. The
record shall be prepared and transcribed, and the expense of it shall be taxed as a part of the
costs on the appeal. The appellant shall provide security for costs satisfactory to the court of
common pleas. Upon demand by any interested party, the agency shall furnish at the cost of the
party requesting it a copy of the stenographic report of testimony offered and evidence
submitted at any hearing and a copy of the complete record.
Notwithstanding any other provision of this section, any party desiring to appeal an order or
decision of the state personnel board of review shall, at the time of filing a notice of appeal with
the board, provide a security deposit in an amount and manner prescribed in rules that the
board shall adopt in accordance with this chapter. In addition, the board is not required to
prepare or transcribe the record of any of its proceedings unless the appellant has provided the
deposit described above. The failure of the board to prepare or transcribe a record for an
appellant who has not provided a security deposit shall not cause a court to enter a finding
adverse to the board.
Unless otherwise provided by law, in the hearing of the appeal, the court is confined to the
record as certified to it by the agency. Unless otherwise provided by law, the court may grant a
request for the admission of additional evidence when satisfied that the additional evidence is
newly discovered and could not with reasonable diligence have been ascertained prior to the
hearing before the agency.
Page 11 of 13
The court shall conduct a hearing on the appeal and shall give preference to all proceedings
under sections 119.01 to 119.13 of the Revised Code, over all other civil cases, irrespective of
the position of the proceedings on the calendar of the court. An appeal from an order of the
state medical board issued pursuant to division (G) of either section 4730.25 or 4731.22 of the
Revised Code, or the state chiropractic board issued pursuant to section 4734.37 of the Revised
Code, or the liquor control commission issued pursuant to Chapter 4301. or 4303. of the
Revised Code shall be set down for hearing at the earliest possible time and takes precedence
over all other actions. The hearing in the court of common pleas shall proceed as in the trial of a
civil action, and the court shall determine the rights of the parties in accordance with the laws
applicable to a civil action. At the hearing, counsel may be heard on oral argument, briefs may
be submitted, and evidence may be introduced if the court has granted a request for the
presentation of additional evidence.
The court may affirm the order of the agency complained of in the appeal if it finds, upon
consideration of the entire record and any additional evidence the court has admitted, that the
order is supported by reliable, probative, and substantial evidence and is in accordance with
law. In the absence of this finding, it may reverse, vacate, or modify the order or make such
other ruling as is supported by reliable, probative, and substantial evidence and is in
accordance with law. The court shall award compensation for fees in accordance with section
2335.39 of the Revised Code to a prevailing party, other than an agency, in an appeal filed
pursuant to this section.
The judgment of the court shall be final and conclusive unless reversed, vacated, or modified on
appeal. These appeals may be taken either by the party or the agency, shall proceed as in the
case of appeals in civil actions, and shall be pursuant to the Rules of Appellate Procedure and,
to the extent not in conflict with those rules, Chapter 2505. of the Revised Code. An appeal by
the agency shall be taken on questions of law relating to the constitutionality, construction, or
interpretation of statutes and rules of the agency, and, in the appeal, the court may also review
and determine the correctness of the judgment of the court of common pleas that the order of
the agency is not supported by any reliable, probative, and substantial evidence in the entire
record.
The court shall certify its judgment to the agency or take any other action necessary to give its
judgment effect.
Amended by 128th General AssemblyFile No.44, HB 215, §1, eff. 9/13/2010.
Effective Date: 04-10-2001; 07-01-2007
119.121 Effect of expiration of license on appeal process.
The expiration of the license involved in an appeal filed pursuant to section 119.12 of the
Revised Code shall not affect the appeal. If during an appeal the existing license shall expire the
court in its order in favor of an aggrieved person shall order the agency to renew the license
upon payment of the fee prescribed by law for the license.
119.13 Representation of parties.
At any hearing conducted under sections 119.01 to 119.13 of the Revised Code, a party or an
affected person may be represented by an attorney or by such other representative as is
Page 12 of 13
lawfully permitted to practice before the agency in question, but, except for hearings held before
the state personnel board of review under section 124.03 of the Revised Code, only an attorney
at law may represent a party or an affected person at a hearing at which a record is taken which
may be the basis of an appeal to court.
At any hearing conducted under sections 119.01 to 119.13 of the Revised Code, a witness, if he
so requests, shall be permitted to be accompanied, represented, and advised by an attorney,
whose participation in the hearing shall be limited to the protection of the rights of the witness,
and who may not examine or cross-examine witnesses, and the witness shall be advised of his
right to counsel before he is interrogated.
Page 13 of 13

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6/17/2022 7021 1970 0001 1688 5200

Small Kids Adventures Learning Center, LLC

Vera Tribble/ Administrator

Cornelius Lewis, Esq.

a. As documented in the 01/05/2022 inspection report, ODJFS staff determined that

a. As documented in the 05/20/2021 inspection report, ODJFS staff determined that

a. As documented in the 03/29/2022 complaint inspection, ODJFS staff determined a

a. As documented in the 03/10/2022 complaint inspection, ODJFS staff determined that

a. As documented in the 03/29/2022 complaint inspection, ODJFS staff determined that

Or by emailing your hearing request to: legal_filing2@jfs.ohio.gov

Wanda Ellis LAH

Enclosures: Appendix A to Rule 5101:2-12-18

Staff/Child Ratios, Age Grouping and Maximum Group Size

Child Care Staff Maximum

Young Infants 1:5 or 12

Older Infants 1:6 12

Young Toddlers 1:7 14

Older Toddlers 1:8 16

Young Preschoolers 1:12 24

Older Preschoolers 1:14 28

Young Schoolagers 1:18 36

Older Schoolagers 1:20 40

APPENDIX p(189057) pa(336231) d: (780162) ra(590937) print date: 10/05/2021 10:41 AM

Allowable Discipline Techniques

1. Setting clear limits.

Prohibited Discipline Techniques

1. Abuse, endanger or neglect of children, including shaking a baby.

APPENDIX p(189057) pa(336231) d: (780165) ra(590938) print date: 10/05/2021 10:42 AM

5101:6-50-01 Chapter 119. hearings: definitions and scope of applicability.

(6) "Director" means the director of ODJFS or the director's designee.

(Updated 2-2015) Page 1 of 14

(15) "Person" means an individual, a firm, a corporation, an association, an institution, a

(B) Application of procedures contained in Chapter 5101:6-50 of the Administrative Code

(3) Denial, termination, suspension, conversion, or non-renewal of a provider agreement

(10) Disputes involving the issuance, denial, or termination of a contract, a grant, or an

(D) Actions that provide hearing rights under this chapter

(2) Take any action based upon a final fiscal audit.

5101:6-50-03 Chapter 119. hearings: notice and requesting a hearing.

(A) Written notice of intended action

(a) The specific action or actions ODJFS intends to take;

(c) The statute or rule directly involved;

(B) Request for a hearing

(d) The date of personal service.

(C) Computation of time deadlines

(A) Initial scheduling of the hearing

(B) Joinder of individual cases

(C) Computation of time deadlines

(E) Authority of hearing examiners appointed by ODJFS

(F) Pre-hearing conferences

Reasonable notice of all pre-hearing conferences will be provided to participants in advance of

(G) Withdrawal of proposed adjudication orders

5101:6-50-07 Chapter 119. hearings: discovery.

(A) Hearing examiner may allow pre-hearing discovery

(B) Discovery not permitted in specified certain hearings

(D) Subpoena issuance and enforcement

(A) Conduct of the hearing

(B) Findings of fact, conclusions of law, recommendations, and objections

(1) Recommendations of the hearing examiner may be approved, modified, or disapproved by

Wanda Ellis LAH 