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When you apply for a professional license in Ohio, you are required to prove that you are suitable for that license. However, once you have a license, an agency may only take that license away including by denying a renewal application if it proves you should no longer be licensed.

This conclusion seems obvious, but it took a decision from the Franklin County Court of Common Pleas in an appeal from the Ohio Casino Control Commission for this conclusion to become law.

Are You Still Suitable for a License?

The attorneys at Graff & McGovern, LPA represented an individual who was licensed by the Casino Control Commission. When our client submitted a renewal application, the Casino Control Commission responded with a notice that it intended to deny the renewal application. Following an administrative hearing, the Casino Control Commission denied the renewal application on the grounds that our client did not prove she was still suitable for a license.

Graff & McGovern, LPA, on behalf of our client, appealed this decision to the common pleas court and argued that the Casino Control Commission applied the wrong standard by requiring our client to again prove suitability for licensure despite already holding a license.

The Court agreed.

The Burden to Deny is on The Commission

The Court determined that, because our client already had a license, the burden should have been placed on the Casino Control Commission to prove by a preponderance of the evidence that our client should no longer be licensed. The Court sent the case back to the Casino Control Commission because its decision to deny our client’s renewal application was not made in accordance with law.

It remains to be seen how other agencies will respond to this decision. While the decision currently applies only to the Casino Control Commission, it has the potential to impact the processing of renewal applications for professional licenses throughout Ohio.

Renewing Your License Call Graff & McGovern

If you are an applicant for licensure or a current licensee and have questions regarding the licensure or renewal process, you should consider contacting the attorneys at Graff & McGovern, LPA. Attorney Brandon Smith can be reached at (614) 228-5800, ext. 7 or brandon@grafflaw.com.