Parfitt v. Columbus Correctional Facility

The sole question before this court is whether the procedure delineated for removals of corrections officers in Ohio Adm. Code 5120-7-05 is a mandatory prerequisite for such removals.

Rules issued by administrative agencies pursuant to statutory authority have the force and effect of law. See Kroger Grocery & Baking Co. v. Glander (1948), 149 Ohio St. 120, 125; State, ex rel. Kildow, v. Indus. Comm. (1934), 128 Ohio St. 573, 580.

In cases such as the one at bar, however, an employee is challenging the actions of an agency by asserting the failure of the agency to follow procedures it has…