Minello v. Orange City School Dist. Bd. of Educ

In Minello v. Orange City School Dist. Bd. of Educ. (Dec. 16, 1982), 8th Dist. No. 44659, 1982 Ohio App, the appellant appealed to the State Personnel Board of Review, seeking review of the School District's failure to renew her employment contract. After the State Personnel Board of Review issued an order that it lacked subject matter jurisdiction over her appeal, appellant filed an appeal to the common pleas court under R.C. 119.12. The trial court subsequently granted the School District's motion to dismiss the appellant's appeal because she had not filed her assignments of error and brief as required by Local Rule 28. R.C. Chapter 119 governs administrative procedure regarding state agencies; R.C. 119.12 governs an appeal by a party adversely affected by an order of an agency issued pursuant to an adjudication. On appeal, this court found that the statutory procedures to be used in perfecting an administrative appeal to the common pleas court are "mandatory provisions" that "require strict compliance." Id. Thus, the Court found that the trial court's dismissal of the appellant's appeal, without a hearing upon the record and evidence submitted was "in contravention of the mandatory appeal procedure" outlined in the statute "as well as contrary to the express language of Local Rule 28." Id.