Northeast Ohio Regional Sewer District v. Shank

Today the majority holds that the paramount objectives of R.C. Chapter 119 are to require full disclosure by rulemaking agencies when they propose rules and to provide parties interested in a proposed rule an adequate opportunity to be heard. With this I cannot argue. The majority then finds an incomplete disclosure to be complete. From this I dissent.

R.C. Chapter 119, Ohio’s Administrative Procedure Act, provides a fixed unambiguous formula through which the General Assembly has granted legislative authority to the executive branch. The General Assembly has delegated this authority under the…