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Author: Brandon Smith

Court Reaffirms Boards’ Ability to Act as Own Expert

31.01.2024 in Uncategorized

Professional licensing agencies are often permitted to act as “judge, jury, and executioner” as it pertains to the licenses and licensees they regulate. Indeed, the administrative hearing process often seems stacked against licensees. First, an agency investigator receives a complaint and investigates it. That investigator…

Old Convictions, New Licenses

15.09.2023 in Uncategorized

As we previously reported, in late 2021, the law changed and removed several possible collateral consequences criminal convictions could have on obtaining an initial professional license. As a refresher, for most convictions, and most licenses, an agency can now only deny your application based on…

Significant Changes to Administrative Appeals Part 1

01.09.2023 in Uncategorized

Under current law, most appeals of agency decisions against a professional license or application for a professional license are made to the Court of Common Pleas in the county where the business is located or where the licensee or applicant resides. Appeals from decisions of…

“Shall” Does Not Always Mean “Shall”

28.04.2023 in Uncategorized

Late last year, the Ohio Supreme Court enshrined what most of us practicing in this field already knew: “shall” does not always mean “shall.” As we have previously addressed, upon appeal of an agency order, Ohio law requires the agency to certify a complete record…

Xylazine Reclassified as Controlled Substance

30.03.2023 in Uncategorized

On March 29, 2023, Governor DeWine signed an executive order directing the State of Ohio Board of Pharmacy to reclassify xylazine as a controlled substance. The reason given for placing xylazine on Ohio’s controlled substance list is its increasing prevalence in overdose deaths and in…

Court Strips Ohio Agencies’ Interpretative Authority

01.03.2023 in Uncategorized

In middle school or high school civics class, many of you will have learned that the three branches of government serve separate purposes. The legislative branch writes the law. The judicial branch interprets the law. And the executive branch enforces the law. However, as bureaucracy…