Narrative Opinion Summary
The case involves an interpretation of R.C. 4112.06, which governs the process for judicial review of orders issued by the Ohio Civil Rights Commission. The pivotal issue is whether there is a statutory deadline for serving a petition for judicial review. The employer, having been found in violation of discrimination laws, filed a petition for review but failed to initiate service promptly. The common pleas court dismissed the petition for improper service, but the Fifth District Court of Appeals reversed this decision, applying the Rules of Civil Procedure which allow a one-year timeframe for service. The Ohio Civil Rights Commission appealed, arguing for stricter timelines. The court affirmed the Fifth District's ruling, confirming that, absent a specific statutory deadline, the Civil Rules provide the procedural framework, including a one-year service period. The decision emphasizes that formal service must be effected through the clerk within this timeframe, and actual knowledge of the petition does not suffice. The case was remanded for further proceedings consistent with this interpretation, reinforcing the application of civil procedural rules to R.C. 4112.06 actions.
Legal Issues Addressed
Application of Rules of Civil Procedure under R.C. 4112.06subscribe to see similar legal issues
Application: The court applied the Rules of Civil Procedure to determine the timeframe for serving a petition for judicial review, allowing one year under Civ.R. 3(A) and 4.
Reasoning: The Fifth District Court of Appeals ruled that since the Rules of Civil Procedure apply to such actions, Civ.R. 3(A) and 4 should be utilized, allowing one year for service after filing.
Judicial Review under R.C. 4112.06subscribe to see similar legal issues
Application: Under R.C. 4112.06, parties aggrieved by a final order of the Ohio Civil Rights Commission may seek judicial review by filing and serving a petition.
Reasoning: This statute allows complainants or respondents aggrieved by a final order of the commission to seek judicial review in common pleas court, with proceedings initiated by filing a petition and serving it on the commission and relevant parties.
Requirement of Formal Servicesubscribe to see similar legal issues
Application: Formal service must be perfected through the clerk within the specified timeframe, as actual knowledge does not suffice.
Reasoning: The court reaffirmed that actual knowledge does not replace the necessity for formal service.
Service Deadline for Judicial Review Petitionssubscribe to see similar legal issues
Application: The court found no statutory deadline in R.C. 4112.06 for serving the petition, justifying the application of Civil Rules to set a one-year service period.
Reasoning: R.C. 4112.06 does not specify a deadline for initiating service, so the Civil Rules of Procedure apply, as there is no compelling reason not to do so.