Good Samaritan Hospital v. Ohio Department of Health

While I am in complete agreement with the majority opinion, I feel an additional comment is necessary.

The legislature has deemed fit to make the decision by the Director of ODH appealable to the CONRB. By statute, after the report and recommendation of the hearing officer is submitted, if five of the nine-member board does not agree on the outcome of the case, the decision of the director becomes the decision of the board. While that sounds good in theory, in practice, although for many good reasons, it is seldom that all nine members of the board are available to vote on any hearing…