Chapman v. Ohio State Dental Bd., 12545
Decision Date | 22 October 1986 |
Docket Number | No. 12545,12545 |
Citation | 33 Ohio App.3d 324,515 N.E.2d 992 |
Parties | CHAPMAN, Appellant and Cross-Appellee, v. OHIO STATE DENTAL BOARD, Appellee and Cross-Appellant. * |
Court | Ohio Court of Appeals |
Syllabus by the Court
1. R.C. 119.09 does not create a mandatory duty on behalf of an administrative board to read the transcript of testimony and evidence of the proceedings held before a hearing examiner.
2. An appellee who has not filed a notice of appeal (cross-appeal) can file cross-assignments of error
under R.C. 2505.22. However, such assignments of error are only for the limited purpose of preventing the reversal of the judgment under review.
3. Even in the absence of specific language in R.C. 119.12 conferring the power, a reviewing court has the authority to remand a case to an administrative body where the board's action does not conform with applicable law. Such a remand affords the board an opportunity to reconcile its order with the law as defined by the judgment and decision of the court.
Dean A. Young, Akron, for appellant and cross-appellee.
Anthony J. Celebrezze, Jr., Atty. Gen., and Lawrence D. Pratt, Columbus, for appellee and cross-appellant.
This appeal concerns the vacation and remand by the court of common pleas of the adjudication order of the Ohio State Dental Board ("board") revoking Ira A. Chapman's license to practice dentistry.
The board charged Chapman with eight counts of violating R.C. 4715.30(A)(6) and (7) which recite that:
At Chapman's request, an evidentiary hearing was held before an examiner appointed by the board. Chapman was represented by counsel, the board by an assistant attorney general. The hearing encompassed two full days at which eight witnesses testified. After reviewing all the evidence, the hearing examiner issued a report entitled "Findings of Fact, Conclusions of Law and Recommendation of Hearing Examiner."
The hearing examiner found that some of the allegations against Chapman were established by the evidence, but that others were not. He recommended that Chapman's dental license be indefinitely suspended. Chapman filed objections to this report with the board. After reviewing the hearing examiner's recommendation and Chapman's objections, the board voted to modify the recommendation and change the penalty from one of indefinite suspension to revocation.
Chapman appealed the board's adjudication order to the court of common pleas. That court conducted a hearing at which it permitted Chapman to present additional evidence. At the conclusion of the hearing, the trial court found that the board's order was supported by reliable, probative and substantial evidence, but was not in conformance with the law. This latter finding was based on the board's failure to include the reasons for its modification of the examiner's recommendation in the record of its proceedings. R.C. 119.09. The court vacated the board's order and remanded the matter to it for further proceedings. This court affirms.
In conducting a review of an administrative record under R.C. 119.12, the trial court has a mandatory duty to examine and consider the record in its entirety, including the transcript of the proceedings before the hearing examiner. Lies v. Veterinary Medical Bd. (1981), 2 Ohio App.3d 204, 2 OBR 223, 441 N.E.2d 584. Chapman contends that the trial court in this case never read the transcript of the proceedings before the hearing examiner. However, the record does not so reflect. At the conclusion of the hearing the court stated:
(Emphasis added.)
In addition to this statement, the trial court's judgment, filed six days later, recites that the court considered the entire record. Moreover, the trial court admitted additional evidence, which further apprised it of the order's sufficiency. Considering all these facts, this court is convinced that the trial court fulfilled its responsibility as a reviewing court. Accordingly, assignment of error one is overruled.
Under this assignment of error, Chapman contends that the board's failure to read the transcript of the proceedings held before the examiner precluded it from modifying or disapproving the examiner's recommendation. However, R.C. 119.09 does not create a mandatory duty on behalf of an administrative board to read the transcript of testimony and evidence. Lies, supra, at 209-210, 2 OBR at 229, 441 N.E.2d at 590. The court in Lies, after examining the various authorities on the subject of administrative review found that:
"The institutional decision made by an administrative board may properly be based on written findings of fact prepared by a hearing examiner appointed under R.C. 119.09, so long as the findings of fact constitute a basis for making informed, deliberate, and independent conclusions about the issues, and the board members need not read the entire transcript of testimony, in the absence of any affirmative demonstration that the findings of fact are in any way defective." Id. at paragraph three of the syllabus.
Here the seven-page report of the hearing examiner contained sufficient findings of fact from which the board could draw its own independent conclusions. The findings are sufficiently detailed so as to make unnecessary a reading of the entire transcript. For example, the name of the patient, the dental ailment complained of, and the type and amount of the narcotic drug prescribed by Chapman are clearly set out. There is more than enough information in this report to enable the board to determine if Chapman violated R.C. 4715.30(A)(6) and (7). Accordingly, assignment of error two is overruled.
Chapman's contention that the board was required to read the transcript of proceedings before the hearing examiner has already been addressed. Concerning subpart (2) of his assignment of error, this court finds no violation of his due process rights. Though the board secretary may have strayed slightly in his recollection of the hearing examiner's findings, he was not so inaccurate as to seriously prejudice Chapman. Further, the other board members...
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