State ex rel. Williams v. Bozarth

Respondent judge asserts basically that a declaratory judgment proceeding is the only method by which the applicant can test the Director’s regulations without jeopardy of a fine and that R. C. Chapter 3745 did not oust common pleas courts of their jurisdiction in a declaratory judgment proceeding in this area.

These assertions ignore the administrative scheme of R. C. Chapter 3745 which gives the applicant adequate access to judicial review. Due process and equal protection are afforded the applicant under this scheme.

R. C. 3745.04 provides that:

“Any person who was a party to a proceeding…