Chia v. Ohio Bd. of Nursing, Unpublished Decision (9-7-2004)
Chia v. Ohio Bd. of Nursing, Unpublished Decision (9-7-2004)
Opinion of the Court
OPINION
{¶ 1} Appellant, Diane M. Chia, appeals from a judgment of the Franklin County Court of Common Pleas affirming the order of appellee, the Ohio Board of Nursing ("the board"), revoking appellant's license. Because the trial court did not abuse its discretion in finding that the board's decision was supported by reliable, probative, and substantial evidence, and was in accordance with law, we affirm that judgment.{¶ 2} Appellant was a licensed nurse in the state of Ohio. In 2002, while she was employed by a health care center in Cincinnati, Ohio, she took a patient's Percodan tablet for her own use. Subsequently, appellant pled no contest and was found guilty by the Hamilton County Court of Common Pleas of one count of theft of drugs in violation of R.C.
{¶ 3} On April 30, 2003, without having heard from appellant, the board mailed her a letter informing her that it would consider sanctions to her license at its regularly scheduled meeting in May. In response, appellant mailed a letter to the board dated May 9, 2003, explaining why she did not respond to the board's notice. She contended that she was incarcerated and did not actually receive the letter until March of 2003. Nevertheless, she did not request a hearing or a continuance of the board's meeting nor did she state an intention to appear at the board's meeting. At their meeting, the board permanently revoked appellant's nursing license. Appellant appealed that decision to the Franklin County Court of Common Pleas. That court affirmed the board's decision, finding that it was supported by reliable, probative, and substantial evidence and was in accordance with law.
{¶ 4} Appellant appeals, assigning the following errors:
First Assignment of Error: The trial court abused its discretion and erred to appellant's prejudice when it found the order of the Ohio Board of Nursing is supported by reliable, probative, and substantial evidence.
Second Assignment of Error: The trial court abused its discretion and erred to appellant's prejudice when it found the order of the ohio board of nursing is in accordance with law.
{¶ 5} In an administrative appeal pursuant to R.C.
Our Place, Inc. v. Ohio Liquor Control Comm. (1992),
{¶ 6} On appeal to this court, the standard of review is more limited. Unlike the court of common pleas, a court of appeals does not determine the weight of the evidence. Rossford ExemptedVillage School Dist. Bd. of Edn. v. State Bd. of Edn. (1992),
{¶ 7} Appellant's assignments of error are interrelated and will be addressed together. Appellant does not dispute that she was convicted of a felony drug offense. Rather, she contends that she did not receive proper notice of the board's intent to sanction her license. We disagree.
{¶ 8} The board mailed the notice to appellant's address via certified mail on January 21, 2003. If a notice is sent by certified mail, return receipt requested, and thereafter a signed receipt is returned to the sender, a prima facie case of delivery to the addressee is established. Tripodi v. Ohio Liquor ControlComm. (1970),
{¶ 9} This presumption of valid service is rebuttable by sufficient evidence demonstrating non-service. Grant v. Ivy
(1980),
{¶ 10} Furthermore, even if valid service was not completed on January 25, 2003, appellant indicated in her letter that she received the notice in late March of 2003. Assuming this to be true, appellant still did not attempt to communicate with the board until her May 9th letter, which was more than 30 days from when she admits she received the notice. Therefore, appellant would not have been entitled to a hearing on the proposed additional sanctions.
{¶ 11} Appellant also contends that the board's notice was ambiguous because it did not clearly explain that her license was suspended and that she was entitled to a hearing on the board's proposed additional sanctions if she requested one within 30 days. We disagree. The board's notice clearly informed appellant that her license was immediately suspended due to her felony drug conviction. The notice goes on to plainly state that the board proposed further sanctions and that she was entitled to a hearing concerning those additional sanctions if she requested one within 30 days. There is nothing ambiguous about the notice.
{¶ 12} In conclusion, the notice clearly informed appellant that her license was immediately suspended. The notice also clearly notified her that the board sought to impose additional sanctions and that she was entitled to a hearing concerning those additional sanctions if she requested one within 30 days. The notice was mailed via certified mail to appellant's address and was signed for by an individual at that address. Appellant did not present sufficient evidence to overcome the presumption of valid service. Even had she been able to overcome this presumption, appellant still failed to respond within 30 days of when she admits she received the notice. Accordingly, the trial court did not abuse its discretion by finding that the board's decision to permanently revoke appellant's license was supported by reliable, probative, and substantial evidence and was in accordance with law.
{¶ 13} Appellant's first and second assignments of error are overruled, and the judgment of the Franklin County Court of Common Pleas is affirmed.
Judgment affirmed.
Petree and Sadler, JJ., concur.
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