469 N.E.2d 562 | Ohio Ct. App. | 1984
This appeal presents a question of the constitutionality of Ohio Adm. Code
"2. Ohio Administrative Code, §
The appellant filed written objections to the report and recommendations of the hearing officer with Dean L. Dollison, Registrar of the Bureau of Motor Vehicles, who overruled the objections and sustained the suspension order.1 Upon appeal, the Court of Common Pleas of Hamilton County overruled the appellant's motion to declare Ohio Adm. Code
In his timely appeal to this court, appellant assigns the dismissal of his appeal from the order of the Bureau of Motor Vehicles, the overruling of his motion to declare Ohio Adm. Code
At the outset it is to be noted that the appellant does not assert that the legislative act, R.C.
As the Supreme Court of Ohio has stated:
"Due process of law implies, in its most comprehensive sense, the right of the person affected thereby to be present before the tribunal which pronounces judgment upon a question of life, liberty or property, to be heard, by testimony or otherwise, and to have the right of controverting, by proof, every material fact which bears on the question of right in the matter involved. If any question of fact or liability be conclusively presumed against him, such is not due process of law." Williams v.Dollison (1980),
Therefore, it is manifest that the judgment of the court below was in error as a matter of law in failing to find that Ohio Adm. Code
Having concluded that the administrative regulation is unconstitutional, we find that the other aspects of the appellant's assignment of error, viz., the dismissal of his appeal from the order of the Bureau of Motor Vehicles and the failure to reverse the decision of the agency, have been subsumed in the constitutional issue. The judgment of the court of common pleas is reversed and the cause is remanded to the Bureau of Motor Vehicles for further proceedings in accordance with law.Superior Metal Products v. Admr., Bur. of Emp. Serv. (1975),
Judgment reversed and cause remanded.
KEEFE, P.J., and SHANNON, J., concur.