Copley v. Ohio Dept. of Health, 2010 Ohio 5416

Phyllis Copley owns Home Sweet Home 2, an Ohio adult care facility.
ODH license allowed 3-5 residents; November 2008 survey identified 22 violations.
December 2008 ODH proposed license revocation and non-renewal for jeopardizing health and safety.
Hearing held April 2009; examiner upheld all 22 violations and recommended revocation/non-renewal.
June 2009 ODH director revoked and non-renewed the license; Lawrence County C.P. affirmed.
Appeal challenged sufficiency of evidence and regulatory compliance; appellate court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence supports upholding revocation/non-renewal	Copley argues the evidence is not reliable/probative/substantial	ODH asserts substantial evidence supports revocation	Evidence supported revocation/non-renewal
Whether inspections and revocation complied with regs	Violations cured; procedures not followed	Regulations allowed revocation where health/safety jeopardized	Regulatory process complied; revocation proper
Whether OAC 3701-20-05(H)(2) and R.C. 3722.06 were misapplied	Required opportunity to correct violations before revocation	Jeopardy exception allowed immediate revocation	Jeopardy exception applied; no error
Whether OAC 3701-20-08 notice-to-correct was required	Facility entitled to notice and chance to correct	Jeopardy exception negates requirement	Notice-to-correct requirement not violated

Our Place, Inc. v. Ohio Liquor Control Comm., 63 Ohio St.3d 570 (1992) (definition of reliable/probative/substantial evidence)
Just Like Home 2 v. Ohio Dept. of Health, 2010-Ohio-3358 (2010) (admin. review standards; deference to agency)
Ruckstuhl v. Ohio Dept. of Commerce, 2009-Ohio-3146 (2009) (abuse of discretion; independent law review)
Hayes v. State Medical Bd. of Ohio, 742 N.E.2d 238 (2000) (hearsay in administrative proceedings permitted)
State ex rel. Celebrezze v. Natl. Lime & Stone Co., 627 N.E.2d 538 (1994) (agency interpretation deference)