Cty. Med., Inc v. Dept. of Dev. Disabilities

Citations

• 2017 Ohio 5745

Syllabus

Administrative appeal supplement record R.C. 119.12(K) diligent search newly discovered evidence R.C. 2506.03 affidavit newly created evidence preponderance substantial reliable probable substitute judgment revocation agency certificate certification standards nonfeasance harsh excessive. Trial court did not supplement record with affidavit and recommendation letters, where affidavit was created after the hearing, and appellant failed to demonstrate that it could not have discovered recommendation letters despite reasonable efforts before the hearing. Agency's decision to revoke appellant's operating certificate was supported by a preponderance of reliable, probative, and substantial evidence that appellant repeatedly violated agency rules and standards that affect the safety and welfare of agency clients. Although revocation of appellant's operating certificate is a harsh consequence, neither the trial court nor the appellate court may substitute its judgment for that of the agency if the agency decision is supported by a preponderance of reliable, probative, and substantial evidence.