789 N.E.2d 673 | Ohio Ct. App. | 2003
{¶ 2} The record shows that Haghighi, a permanent resident of the United States, applied for Alien Emergency Medical Assistance (AEMA) pursuant to Ohio Adm. Code
{¶ 3} The agency denied Haghighi's application for "failure to cooperate." Subsequently, Haghighi requested a hearing. At that hearing, the only issue addressed was Kobra's failure to supply the requested information and whether ODJFS was entitled to that information. The hearing officer did not hear evidence on Haghighi's medical condition or treatment. In fact, when asked if he wanted testimony regarding Haghighi's medical condition, the hearing officer stated, "We will not get into that."
{¶ 4} Following the hearing, the hearing officer concluded that Haghighi's application should be denied. Haghighi filed an administrative appeal with ODJFS, which affirmed the hearing officer's decision. In his decision, the administrative hearing examiner indicated that because ODJFS never received the information it had requested, it properly denied Haghighi's application "on the basis that eligibility could not be determined without the affidavit and other verifications."
{¶ 5} Haghighi appealed the agency's decision to the court of common pleas pursuant to R.C.
{¶ 6} Subsequently, the common pleas court dismissed Haghighi's appeal as moot, but allowed his motion for attorney fees to proceed. A magistrate held that attorney fees were precluded under R.C. 199.092(F)(2), which states that the provisions of the statute allowing attorney fees to certain prevailing parties do not apply when "[a]n adjudication hearing was conducted for the purpose of determining the eligibility or entitlement of any individual to benefits[.]" The trial court overruled Haghighi's objections to the magistrate's report and affirmed the magistrate's decision. Haghighi then filed a timely appeal with this court.
{¶ 7} Haghighi presents two assignments of error for review. In both assignments of error, he contends that the trial court erred in concluding that an award of attorney fees was precluded by R.C.
{¶ 8} In an administrative appeal, an appellate court applies an abuse-of-discretion standard regarding factual issues. On questions of law, however, the court reviews de novo. University Hosp., Univ. ofCincinnati College of Medicine v. State Emp. Relations Bd. (1992),
{¶ 9} R.C.
{¶ 10} R.C.
{¶ 11} R.C.
{¶ 12} We find no cases interpreting R.C.
{¶ 13} In most administrative appeals, the hearing before the hearing officer will be for the purpose of determining an individual's eligibility for or entitlement to benefits under the statutory criteria for those benefits. Therefore, the hearing in those cases will fall under the exception set forth in R.C.
{¶ 14} Further, the language used by ODJFS to discuss the case indicates that the hearing was not to determine eligibility within the meaning of the statute. The decision in the administrative appeal specifically stated that eligibility could not be determined without the sponsorship affidavit and other financial information. Further, after reversing its previous position regarding deeming and vacating its prior decision in the administrative appeal, ODJHS remanded the case to determine Haghighi's eligibility for benefits under the provisions of the Administrative Code, which would not have been necessary had that issue already been heard. That hearing on remand would be the hearing for which attorney fees would be precluded pursuant to R.C.
{¶ 15} Even if we were to conclude that the statute is ambiguous, we would not reach a different conclusion. Since the statutes providing for attorney fees are remedial, we must liberally construe then to promote their object, which in this case is to prevent oppressive government action. R.C.
{¶ 16} Accordingly, we hold that the trial court erred by denying Haghighi's application for attorney fees on the basis that attorney fees were precluded by R.C.
Judgment reversed and cause remanded.
Sundermann, P.J., Doan and Winkler, JJ. *605