"Furthermore, the right to a reasonable opportunity to be heard includes reasonable notice of the time, date, location and subject matter of the hearing." State ex rel. LTV Steel Co. v. Indus. Comm. (1995), 102 Ohio App.3d 100, 103-104. Without reasonable notice of the hearing's subject matter, a party's right to appear and present well-supported and developed arguments endorsing his position is compromised.
Rather, the only issue raised by relator appears to have been sufficiency of the notice. The commission addressed this question, finding relator's reliance on State ex rel. LTV Steel Corp. v. Indus. Comm. (1995), 102 Ohio App.3d 100, to be misplaced. Specifically, the commission found that "the `Notice of Hearing' for the Staff Hearing Officer hearing clearly indicates that the issues to be adjudicated are temporary total disability compensation from 01/02/2002 through 05/02/2002 and extent of disability.
{¶ 12} Quinton correctly argues he is entitled to procedural due process in an administrative proceeding. State ex rel. LTV Steel Co. v. Industrial Commission of Ohio, 102 Ohio App.3d 100, 103-104 (10th Dist. 1995), citing State ex rel. Finley v. Dusty Drilling Co., Inc., 2 Ohio App.3d 323, 324 (10th Dist. 1981) ("The Due Process Clause of the Fourteenth Amendment to the United States Constitution is applicable, to some extent, in most administrative hearings").
(Emphasis sic.) State ex rel. LTV Steel Co. v. Indus. Comm., 102 Ohio App.3d 100, 103-04 (10th Dist.1995). Thus, due process demands a claimant have sufficient notice that an issue has been raised and an opportunity to present evidence on that issue.
"Furthermore, the right to a reasonable opportunity to be heard includes reasonable notice of the time, date, location and subject matter of the hearing." State ex rel. LTV Steel Co. v. Indus. Comm. (1995), 102 OhioApp.3d 100, 103-104, 656 N.E.2d 1016. Without reasonable notice of the hearing's subject matter, a party's right to appear and present well-supported and developed arguments endorsing his position is compromised.
(Emphasis sic.) State ex rel. LTV Steel Co. v. Indus. Comm. , 102 Ohio App.3d 100, 103–04, 656 N.E.2d 1016 (10th Dist.1995) citing Finley. {¶ 38} Moreover, "procedural due process requirements cannot be satisfied by implication."
“In addition, the due process clause of the Fourteenth Amendment to the United States Constitution, to some extent, is applicableto hearings before administrative agencies, and such procedural due process includes reasonable notice of the subject matter of the hearing. State ex rel. LTV Steel Co. v. Indus. Comm., 102 Ohio App.3d 100, 103–104, 656 N.E.2d 1016 (1995) (citations omitted). Hence, if relator was not given proper notice as required under R.C. 119.07 and as dictated under procedural due process principles, the [trial court] may reverse the board's order.
"In addition, the due process clause of the Fourteenth Amendment to the United States Constitution, to some extent, is applicable to hearings before administrative agencies, and such procedural due process includes reasonable notice of the subject matter of the hearing. State ex rel. LTV Steel Co. v. Indus. Comm. (1995), 102 Ohio App.3d 100, 103-104, 656 N.E.2d 1016 (citations omitted). Hence, if relator was not given proper notice as required under R.C. 119.07 and as dictated under procedural due process principles, the [trial court] may reverse the board's order.
"In addition, the due process clause of the Fourteenth Amendment to the United States Constitution, to some extent, is applicable to hearings before administrative agencies, and such procedural due process includes reasonable notice of the subject matter of the hearing. State ex rel. LTV Steel Co. v. Indus. Comm. (1995), 102 Ohio App.3d 100, 103-104, 656 N.E.2d 1016 (citations omitted). Hence, if relator was not given proper notice as required under R.C. 119.07 and as dictated under procedural due process principles, the [trial court] may reverse the board's order.
"Furthermore, the right to a reasonable opportunity to be heard includes reasonable notice of the time, date, location and subject matter of the hearing." State ex rel. LTV Steel Co. v. Indus. Comm. (1995), 102 Ohio App.3d 100, 103-104. Without reasonable notice of the hearing's subject matter, a party's right to appear and present well-supported and developed arguments endorsing his position is compromised.