Opinion

Chirila v. Ohio State Chiropractic Board

  • 145 Ohio App. 3d 589
  • 763 N.E.2d 1192
  • 2001 Ohio App. LEXIS 3386
Court
Ohio Court of Appeals
Filed
Aug 2, 2001
Status
Published
Author
Bryant
On the bench
Kennedy, Brown, Bryant
Cited by
29 cases
Authority
More cited than 42.6%

The opinion

Peggy Bryant, Presiding Judge,

concurring.

I concur in the majority’s conclusion that appellant’s second assignment of error be sustained.

Appellee’s concerns about imposing obligations on it to “research all of the corresponding cases” and so advise appellant may have merit in other stages of the proceedings. They are, however, unpersuasive here, where the notice is

*598

designed to, and must be sufficient to, “enable the recipient to determine what he must do to prevent the deprivation of his interest.”

Estate of Wolff v. Weston Town Bd.

(1990), 156 Wis.2d 588 , 457 N.W.2d 510, 513 , citing

Goldberg v. Kelly

(1970), 397 U.S. 254, 267-268 , 90 S.Ct. 1011 , 25 L.Ed.2d 287 . Although appellant’s retaining legal counsel may have assisted his interpreting the notice, which was premised on the language of the statute, appellant was not required to obtain counsel to interpret the notice that advised him of what he must do to engage in the hearing process before the board. Because the notice was insufficient to accomplish its purpose, I concur in the majority’s sustaining the second assignment of error. I further concur in its resolution of the first and third assignments of error.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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