Khemsara v. Ohio Veterinary Med. Licensing Bd.

Citations

• 212 N.E.3d 1
• 2023 Ohio 718

Syllabus

Administrative appeal R.C. 4741.22(A)(1) Ohio Adm.Code 4741-1-10 revocation of license to practice veterinary medicine R.C. 119.12(M) supported by reliable, probative and substantial evidence in accordance with the law due process R.C. 119.07. Common pleas court did not err or abuse its discretion in affirming Ohio Veterinary Medical Licensing Board's revocation of appellant's license to practice veterinary medicine. Common pleas court did not err in determining that appellant's due process rights were not violated where appellant was properly served with notice of opportunity for hearing, the content of the notice complied with R.C. 119.07 and appellant had a reasonable opportunity to be heard regarding the charges against him. Appellant did not show that any Board members were biased, partial or prejudiced against him. Rules of civil procedure, including discovery provisions, did not apply to administrative proceeding. Board was not required to provide an expert report or to present independent expert testimony establishing appellant's violation of the standard of care. Medical records, expert witness testimony, appellant's testimony and evidence of prior disciplinary action supported the common pleas court's determination that reliable, probative and substantial evidence existed in the record to support the Board's adjudication order.