G G Guest Homes v. Ohio Dept. of Health, 06 Ma 145 (11-15-2007)
G G Guest Homes v. Ohio Dept. of Health, 06 Ma 145 (11-15-2007)
Opinion of the Court
OPINION
{¶ 1} This matter comes for consideration upon the record in the trial court and the parties' briefs. Plaintiff-Appellant, G G Guest Homes, Inc. appeals the decision of the Mahoning County Court of Common Pleas dismissing its administrative appeal against Defendant-Appellee, the Ohio Department of Health, for lack of jurisdiction. G G was required to strictly comply with the mandates of R.C.{¶ 2} G G operates under an adult family home license granted by the ODH. On June 7, 2005, the ODH notified G G, of its intent to revoke and not renew its license. On January 30, 2006, an adjudication order revoking and not renewing the license was mailed by the ODH. Pursuant to R.C.
{¶ 3} The trial court subsequently determined that the original notice of appeal was filed in the trial court and that a copy of the notice was filed with the ODH. The trial court held that because R.C.
{¶ 4} In its sole assignment of error, G G argues:
{¶ 5} "The trial court erred in dismissing the administrative appeal for lack of jurisdiction."
{¶ 6} R.C. 199.12 describes how a party appeals the decision of an administrative agency. It states:
{¶ 7} "Any party desiring to appeal shall file a notice of appeal with the agency setting forth the order appealed from and the grounds of the party's appeal. A copy of the notice of appeal shall also be filed by the appellant with the court. Unless otherwise provided by law relating to a particular agency, notices of appeal shall be filed within fifteen days after the mailing of the notice of the agency's order as provided in this section."
{¶ 8} The Ohio Supreme Court recently held that parties must strictly comply with *Page 2
this statute. "Just as we require an agency to strictly comply with the requirements of R.C.
{¶ 9} In this case, G G did not strictly comply with the requirements of R.C.
Donofrio, J., concurs.
*Page 1Vukovich, J., concurs.
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