General Motors Corp. v. McAvoy

The primary issue in the instant cause is whether the Director of Environmental Protection was under a statutory duty to provide an opportunity for an adjudication hearing prior to a denial of the permit sought by appellant. We hold that there is such a statutory duty imposed by R. C. Chapter 119.

It is undisputed that an order by the Director pf Environmental Protection denying permits to operate is an adjudication order within the meaning of R. C. 119.01(D).1 The validity of such orders is governed in part by R. C. 119.06, which provides that:

“No adjudication order shall be valid unless an…