Ohio Rev. Code » Chapter 119
Ohio Revised Code

Ohio Rev. Code § 119.07 (2026)

Notice of hearing - contents - notice of order of suspension of license - publication of notice - effect of failure to give notice

✓ current as of May 2026
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Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
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Except when a statute prescribes a notice and the persons to whom it shall be given, in all cases in which section 119.06 of the Revised Code requires an agency to afford an opportunity for a hearing prior to the issuance of an order, the agency shall give notice to the party informing the party of the party's right to a hearing. Notice shall be served in accordance with section 119.05 of the Revised Code and shall include the charges or other reasons for the proposed action, the law or rule directly involved, and a statement informing the party that the party is entitled to a hearing if the party requests it within thirty days of the time of service. The notice shall also inform the party that at the hearing the party may appear in person, by the party's attorney, or by such other representative as is permitted to practice before the agency, or may present the party's position, arguments, or contentions in writing and that at the hearing the party may present evidence and examine witnesses appearing for and against the party. A copy of the notice shall be provided to attorneys or other representatives of record representing the party. This paragraph does not apply to situations in which such section provides for a hearing only when it is requested by the party.

When a statute specifically permits the suspension of a license without a prior hearing, notice of the agency's order shall be served on the party in accordance with section 119.05 of the Revised Code not later than the business day next succeeding such order. The notice shall state the reasons for the agency's action, cite the law or rule directly involved, and state that the party will be afforded a hearing if the party requests it within thirty days of the date on which notice is served. A copy of the notice shall be provided to attorneys or other representatives of record representing the party.

Whenever a party requests a hearing in accordance with this section and section 119.06 of the Revised Code, the agency shall immediately set the date, time, and place for the hearing and serve the party with notice of the hearing. The date set for the hearing shall be within fifteen days, but not earlier than seven days, after the party has requested a hearing, unless otherwise agreed to by both the agency and the party.

The failure of an agency to serve the notices for any hearing required by sections 119.01 to 119.13 of the Revised Code in the manner provided in section 119.05 of the Revised Code shall invalidate any order entered pursuant to the hearing.

Last updated September 7, 2023 at 11:37 AM

Notes of Decisions
Cited in 103 cases (22 in the last 5 years), 1957–2026 · leading case: Chirila v. Ohio State Chiropractic Bd., 763 N.E.2d 1192 (Ohio Ct. App. 2001).
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Chirila v. Ohio State Chiropractic Bd., 763 N.E.2d 1192 (Ohio Ct. App. 2001). · cites it 17× “The trial court erred by concluding that the board’s vague and ambiguous language in its notice of hearing did not violate the intent of R.C. 119.07, by undermining Dr. Chirila’s ability to have a hearing.”
Harrison v. Ohio State Med. Bd., 659 N.E.2d 368 (Ohio Ct. App. 1995). · cites it 15× “” The history of this case is as follows: On March 10, 1994, the State Medical Board of Ohio (“board”) mailed a notice to appellant indicating its intent to revoke his medical license.”
Crawford-Cole v. Lucas Cnty. Dep't of Job & Fam. Servs., 2009 Ohio 1355 (Ohio 2009). · cites it 12× “Code 5101:2-14-40, while the court of appeals held that a 30-day period applies pursuant to R.C. 119.07. {¶ 2} After review, we conclude that R.”
Korn v. Ohio State Med. Bd., 573 N.E.2d 1100 (Ohio Ct. App. 1988). · cites it 8× “Korn states that the board failed to provide a timely hearing pursuant to R.C. 119.07, which provides that, when an agency is required to afford an opportunity for a hearing prior to the issuance of an order, it must notify the party involved of its right to a hearing.”
Cowans v. Ohio State Racing Comm., 2014 Ohio 1811 (Ohio Ct. App. 2014). · cites it 13× “) The letter advised appellant that the Commission had scheduled a hearing as authorized by R.C. 119.07 but continued the hearing to a date uncertain.”
Clayton v. Ohio Bd. of Nursing (Slip Opinion), 2016 Ohio 643 (Ohio 2016). · cites it 6× “09, which states: 17 SUPREME COURT OF OHIO [T]he agency may require the attendance of such witnesses and the production of such books, records, and papers as it desires * * * and for that purpose the agency may, and upon the request of any party receiving notice of the hearing…”
State v. Gilbo, 645 N.E.2d 69 (Ohio Ct. App. 1994). · cites it 6× “” Gilbo contends that R.C. 119.07 requires the registrar to provide notice of a suspension according to the Compact by registered mail, return receipt requested.”
Ohio State Bd. of Pharmacy v. Frantz, 555 N.E.2d 630 (Ohio 1990). · cites it 3× “And for the same purpose, the agency is required to issue subpoenas for witnesses or subpoenas duces tecum for the production of books, records or papers at the request of any party who is notified of the hearing pursuant to R.C. 119.07. The General Assembly’s use of the word…”
In Re Barnes, 510 N.E.2d 392 (Ohio Ct. App. 1986). · cites it 7× “Barnes’ three assignments of error contend that the board and the court erred in determining that “he misrepresented himself as a clinical psychologist,” that the board and the court erred in imposing an indefinite suspension when he involuntarily treated a person outside his…”
Geroc v. Ohio Veterinary Med. Bd., 525 N.E.2d 501 (Ohio Ct. App. 1987). · cites it 7× “Geroc claims that the State Veterinary Medical Board erred by failing to hold an administrative hearing within fifteen days of his request as required by R.C. 119.07. Dr. Geroc did not initially request a hearing upon the State Veterinary Medical Board’s allegations and, as…”
Crosby-Edwards v. Ohio Bd. of Embalmers & Funeral Directors, 886 N.E.2d 251 (Ohio Ct. App. 2008). · cites it 4× “Upon receipt of Edwards’s letter, the board notified him that pursuant to R.C. 119.07 and 119.08, it would hold an adjudication hearing for Edwards and the funeral home on July 29, 2005.”
McClendon v. Ohio Dept. of Edn., 2017 Ohio 187 (Ohio Ct. App. 2017). · cites it 10× “R.C. 119.07 stipulates what information must be included in an administrative agency’s notice: Except when a statute prescribes a notice and the persons to whom it shall be given, in all cases in which section 119.”
Show all 103 citing cases →
— Ohio Rev. Code § 119.07(3)(o) — 1 case
Woodman v. City of Lakewood, 541 N.E.2d 1084 (Ohio Ct. App. 1988).
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