Ohio § 1315.17

§ 1315.17.

(A)(1) Upon a licensee's or other person's request for an administrative hearing authorized

in section 1315.15 , 1315.151 , or 1315.152 of the Revised Code , the division of financial institutions shall set a reasonable time, date, and place

in this state for the hearing and notify the licensee or other person requesting the

hearing.  Within ninety days after the hearing, the superintendent of financial institutions

shall render a decision, which shall include findings of fact upon which the decision

is predicated, and shall issue and serve on the licensee or other person the decision

and an order consistent with the decision.  Judicial review of the order exclusively is as provided in division (B) of this

section.  Unless a notice of appeal is filed within thirty days after service of the superintendent's

order as provided in division (B) of this section, and until the record of the administrative

hearing has been filed, the superintendent may, at anytime, upon the notice and in

the manner that the superintendent considers proper, modify, terminate, or set aside

the superintendent's order.  After filing the record, the superintendent may modify, terminate, or set aside

the superintendent's order with permission of the court. (2) In the course of, or in connection with, an administrative hearing governed by this

section, the superintendent, or a person designated by the superintendent to conduct

the hearing, may administer oaths and affirmations;  take or cause depositions to

be taken;  and issue, revoke, quash, or modify subpoenas and subpoenas duces tecum.  The superintendent may adopt rules regarding these hearings.  The attendance of witnesses and the production of documents provided for in this

section may be required from any place within or outside the state.  A party to a hearing governed by this section may apply to the court of common pleas

of Franklin county, or the court of common pleas of the county in which the hearing

is being conducted or the witness resides or carries on business, for enforcement

of a subpoena or subpoena duces tecum issued pursuant to this section, and the courts

have jurisdiction and power to order and require compliance with the subpoena.  Witnesses subpoenaed under this section shall be paid the fees and mileage provided

for under section 119.094 of the Revised Code . (B)(1) A licensee or other person against whom the superintendent issues an order upon the

record of a hearing under the authority of section 1315.15 , 1315.151 , or 1315.152 of the Revised Code may obtain a review of the order by filing a notice of appeal in the court of common

pleas in the county in which the principal place of business of the licensee or other

person, or the residence of the other person, is located, or in the court of common

pleas of Franklin county, within thirty days after the date of service of the superintendent's

order.  The clerk of the court promptly shall transmit a copy of the notice of appeal to

the superintendent, and the superintendent shall file the record of the administrative

hearing.  Upon the filing of the notice of appeal, the court has jurisdiction, which upon

the filing of the record of the administrative hearing is exclusive, to affirm, modify,

terminate, or set aside, in whole or in part, the superintendent's order. (2) The commencement of proceedings for judicial review pursuant to division (B) of this

section does not, unless specifically ordered by the court, operate as a stay of any

order issued by the superintendent.  If it appears to the court an unusual hardship to the appellant will result from

the execution of the superintendent's order pending determination of the appeal, and

the interests of the public will not be threatened by a stay of the order, the court

may grant a stay and fix its terms. (C) The superintendent may, in the sole discretion of the superintendent, apply to the

court of common pleas of the county in which the principal place of business of the

licensee or other person, or the residence of the other person, is located, or the

court of common pleas of Franklin county, for the enforcement of an effective and

outstanding superintendent's order issued under section 1315.15 , 1315.151 , or 1315.152 of the Revised Code , and the court has jurisdiction and power to order and require compliance with the

superintendent's order.  In an action by the superintendent pursuant to this division to enforce an order

assessing a civil penalty issued under section 1315.152 of the Revised Code , the validity and appropriateness of the civil penalty is not subject to review. (D) No court has jurisdiction to affect, by injunction or otherwise, the issuance or

enforcement of an order issued under section 1315.15 , 1315.151 , or 1315.152 of the Revised Code or to review, modify, suspend, terminate, or set aside an order issued under section 1315.15 , 1315.151 , or 1315.152 of the Revised Code , except as provided in this section, in division (G) of section 1315.15 of the Revised Code for an order issued pursuant to division (C)(3) or (4) of section 1315.15 of the

Revised Code, or in division (F) of section 1315.151 of the Revised Code for an order issued pursuant to division (C)(3) or (4) of section 1315.151 of the

Revised Code. (E) Nothing in this section or in any other section of the Revised Code or rules implementing

this or any other section of the Revised Code shall prohibit or limit the superintendent

from doing any of the following: (1) Issuing orders pursuant to section 1315.15 , 1315.151 , or 1315.152 of the Revised Code ; (2) Individually or contemporaneously taking any other action provided by law or rule

with respect to a licensee or other person; (3) Taking any action provided by law or rule, whether alone or in conjunction with another

regulatory agency or authority, with respect to a licensee or other person.