Cotterman v. Ohio Department of Public Welfare

The issue presented for review is whether the presumption set forth by Ohio Adm. Code 5101:3-50-22(C) may be rebutted as to all sample cases based upon the successful rebuttal of a number of sample cases. For the reasons to follow, we reject appellant’s arguments and hold that the presumption found in Ohio Adm. Code 5101:3-50-22(C) applies separately to each sample case contained in a valid report of examination.

Appellant contends that Ohio Adm. Code 5101:3-50-22(C) “* * * creates a rebuttable presumption that the contents of an ROE are valid, which presumption is rebutted if it is proven…