Lantz v. Ohio State Bd. of Nursing (Dec. 22, 2009), Franklin County C.P.Ct. No. 09CVF-06-8667

Holding:

Because the board did not discipline or sanction the licensee, even though the board found that the licensee had violated the administrative code, the adjudication order had no adverse effect on the licensee and therefore, pursuant to R.C. 119.12, the court had no jurisdiction to review the appeal.

Summary:

The board found that Appellant violated Ohio Adm.Code 4723-4-04(I), but “abstained from taking disciplinary action” against Appellant “as this is a matter of first impression.” Appellant appealed the adjudication order of the board asserting that the finding itself is a reprimand and will have adverse consequences upon her. The Court held that because there was no sanction issued by the board, there were no adverse consequences to Appellant and thus she was not a “party adversely affected.” R.C. 119.12 allows only the “party adversely affected by any order of an agency “to appeal to the court of common pleas. As Appellant was not adversely affected by the board’s order, the court lacked jurisdiction to review the appeal. (AAGs Melissa L. Wilburn and Leah Basobas O’Carroll).