Appeal From a Final Administrative Order

When a party appeals an administrative agency's decision to the trial court, the court "considers the `whole record,' including any new or additional evidence admitted under R.C. 2506.03, and determines whether the administrative order is unconstitutional, illegal, arbitrary, capricious, unreasonable, or unsupported by the preponderance of substantial, reliable, and probative evidence." Id. at ¶ 10, quoting Henley v. Youngstown Bd. of Zoning Appeals, 90 Ohio St.3d 142, 147, 2000- Ohio-493, 735 N.E.2d 433.

2506.01. Appeal from final order, adjudication, or decision of political subdivision officer or division

(A) Except as otherwise provided in sections 2506.05 to 2506.08 of the Revised Code, and except as modified by this section and sections 2506.02 to 2506.04 of the Revised Code, every final order, adjudication, or decision of any officer, tribunal, authority, board, bureau, commission, department, or other division of any political subdivision of the state may be reviewed by the court of common pleas of the county in which the principal office of the political subdivision is located as provided in Chapter 2505. of the Revised Code.

(B) The appeal provided in this section is in addition to any other remedy of appeal provided by law.

(C) As used in this chapter, "final order, adjudication, or decision" means an order, adjudication, or decision that determines rights, duties, privileges, benefits, or legal relationships of a person, but does not include any order, adjudication, or decision from which an appeal is granted by rule, ordinance, or statute to a higher administrative authority if a right to a hearing on such appeal is provided, or any order, adjudication, or decision that is issued preliminary to or as a result of a criminal proceeding.

COMMENT:

According to the Ohio Supreme Court, for purposes of jurisdiction under RC § 2506.01, there are (3) three requirements that define a "quasi-judicial proceeding";

(1) a hearing, (the hearing with an administrative officer)

(2) notice, and (the ticket is notice)

(3) the opportunity to introduce evidence; (at the hearing the officer will ask for a statement or evidence to contradict the assumptions stated on the ticket)