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Ohio Gov & Administrative Law Questions & Answers
1 Answer | Asked in Consumer Law, Business Law and Gov & Administrative Law for Ohio on
Q: Is it legal in Ohio for retailers to refuse cash payment? All US monies have "Legal Tender" on them...

Most retailers in our area are refusing cash payment and instead are requiring you to pay via card or some sort of cash app.

Mark Martin Turner
Mark Martin Turner answered on Jul 16, 2020

Yes, it is legal for a private business to accept only some sorts of payments and to refuse cash payments. A governmental institution or chartered bank cannot refuse cash.

1 Answer | Asked in Criminal Law, Real Estate Law and Gov & Administrative Law for Ohio on
Q: Our deed was fraudulently transferred. The criminals have since been convicted. We have yet to have the deed returned.

This happened over 2yrs ago and the title office and everyone else has given us the runaround. The property has since taken on extensive damage due to vandalism ect.. What should be our next steps. Would the county be at least partially responsible for damages? The criminals were ordered almost... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 13, 2020

If the original court proceeding found the transfer to be fraudulent, you can use that to seek a voiding of the transfer. You may need to file a complaint for declaratory judgment and quiet title.

1 Answer | Asked in Civil Litigation, Gov & Administrative Law, Traffic Tickets and Internet Law for Ohio on
Q: Could someone find my address and name from my drivers license number?

Someone cut me off in vehicle in an Arby’s parking lot, stopped in front of me and wouldn’t let me through, so I had to lay on my horn to get them to move. After they moved and began flicking me off, I had to follow them around the corner because it was the only way out that I knew of. They... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 8, 2020

Yes, they could possibly find your address or track you down. This sort of thing is how road rage escalates to tragic outcomes - even blowing your horn, or especially gesturing at them, could be dangerous. Everyone is tense. Do not engage with other drivers in traffic. Avoid eye contact. They... Read more »

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Ohio on
Q: 2925.14A_B DRUG PARAPHENALIA (MM) is this a minor misdemeanor?

I received this charge in 2018 and recently I have been training and studying for a concealed carry permit, I'm worried this may have an affect on obtain such a permit and I hope to receive the information needed to understand this better.

Breezy M Warner
Breezy M Warner answered on Mar 25, 2020

In Ohio violation of ORC2925.14 is a 4th degree misdemeanor minor, it is not a felony which would effect your ability to get a concealed carry permit.

1 Answer | Asked in Civil Litigation, Civil Rights and Gov & Administrative Law for Ohio on
Q: Is the question below legally allowed to be enforced by the University I am attending?

The University I am at enforced a new parking rule saying cars are not allowed to pull through a spot or back into it, all the license plates need to be facing the isle for the security cars to scan them. I feel like that’s a bit much and can the university really restrict the way in which a car... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 3, 2020

A parking lot is private property, and the owner can impose any restrictions on parking, and tow vehicles that do not comply.

1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Land Use & Zoning for Ohio on
Q: How is this portion of the Ohio revised code not unconstitutional?

Ohio revised code 505.07 seems purpose written to allow Township Trustees and Developers to effectively negate the results of any zoning referendum and deny citizens voting rights. Consider the following scenario, Trustees have been ignoring recommendations from zoning board and residents to not... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 19, 2019

Local governments can mostly do what they want unless subjected to a legal challenge. Concerned residents can join together and use the Find a Lawyer tab to retain a local attorney who handles administrative law, land use, and zoning issues, to advise them about filing a lawsuit.

1 Answer | Asked in Gov & Administrative Law for Ohio on
Q: My house and garage were broken in my car and belongs stolen. The criminals got hold of the title and by fraudulent mean

My house and garage were broken in my car and belongs stolen. The criminals got hold of the title and by means of fraud and forgery (they falsified my signature) were able to switch over the title to somebody else. Not only was my signatures falsified but the title itself was not up to BMV... Read more »

Matthew Williams
Matthew Williams answered on Nov 11, 2019

No, you’re not going to have a good case against the BMV. It’s a government agency which means it has qualified immunity. That basically boils down to you cannot sue then over mistakes only affirmative conduct. So unless they were in on the scam, you’re going to have to go after the thieves... Read more »

3 Answers | Asked in Criminal Law, Domestic Violence and Gov & Administrative Law for Ohio on
Q: What can be done if the written statement is that of the witness’s girlfriend instead of the witness?

The officer took a statement from my ex-husband, when I received the discovery I noticed the statement is filled out by what looks to be a female’s handwriting, but I know for a fact that it’s not my ex husbands hand writing. His name is at the beginning of the statement and he signed and dated... Read more »

William Jaksa
William Jaksa answered on Oct 22, 2019

Not knowing all the details, but as long as it's his words, his evidence, it doesn't matter if he wrote it or dictated it to someone. Often police officers will take the statement, write as they are speaking with the witness and then have the witness sign the statement.

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1 Answer | Asked in Child Custody and Gov & Administrative Law for Ohio on
Q: I am 17 and 8 months old can I legally move out in the state of ohio?

An older lady friend of mine told me that at this point the cops can be callled but they wont do anything since I am almost 18. Is this true or will I still get in trouble since I am not fully 18 yet?

Joseph Jaap
Joseph Jaap answered on Oct 4, 2019

You are not a legal adult until age 18. Nobody can predict what the police or children's services might or might not do if you leave before then. Even if they take no action, will you be finishing your education so you can be a responsible, productive adult? If you leave, will you still... Read more »

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Ohio on
Q: Is it illegal to miss pronounce Arkansas
Gary Kollin
Gary Kollin answered on Jul 14, 2019

Are you kidding?

1 Answer | Asked in Gov & Administrative Law for Ohio on
Q: Hello. If someone is arrested on two different warrants from the same county but one n juvinile and one n common pleas,

If they're taking n front of the common pleas judge and he sets bond and the clerk and bondsman say that paying the bond will get her released is this possible? Doesn't felony trump the rest

Matthew Williams
Matthew Williams answered on Jun 11, 2019

As long as bond is posted on both cases, yes.

1 Answer | Asked in Gov & Administrative Law for Ohio on
Q: Can a common pleas judge set bond on a felony case and a juvenile court case in the same county
Matthew Williams
Matthew Williams answered on Jun 11, 2019

The juvenile court is a division of the court of common pleas. Generally, there are judges dedicated to juvenile and the circumstances in which an adult court judge might set a bond in a juvenile matter are limited but they have the authority to do so.

1 Answer | Asked in Gov & Administrative Law, Contracts and Appeals / Appellate Law for Ohio on
Q: Is there a way to get State of Ohio to review their finding of a teacher’s performance rating?
Bruce Martin Broyles
Bruce Martin Broyles answered on May 31, 2019

The teacher has the administrative right to challenge the performance rating by the terms of the teacher's contract. There are very specific objections or challenges to the performance rating that have to be brought within strict time limits.

Students and parents do not have such a right.

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Health Care Law for Ohio on
Q: I was wondering what type of lawyer I would talk to about inappropriate behavior between a teacher and my daughter.

Not sexual in nature. Just inappropriate conversations about my daughters mental health during and outside of school. They are woman teachers.

Matthew Williams
Matthew Williams answered on Mar 10, 2019

You should talk to the teacher and the school. That doesn’t sounds legally actionable, at least not yet.

1 Answer | Asked in Gov & Administrative Law for Ohio on
Q: CFR › Title 13 › Chapter I › Part 124 › Subpart A › Section 124.103 thalis is my situation
Matthew Williams
Matthew Williams answered on Jan 4, 2019

That's a definition section defining "socially disadvantaged persons" as used elsewhere in the CFR. It's just a definition. The section itself doesn't actually do anything, and you have not asked a question.

1 Answer | Asked in Gov & Administrative Law, Personal Injury and Civil Rights for Ohio on
Q: After a state court judgment on a federal 1983 claim can you move complaint to a federal court?

I stupidly filed a section 1983 federal claim in an Ohio state court against persons employed by the state of Ohio. After receiving what can only be described as prejudicial treatment throughout and having appealed to the Ohio Supreme Court who denied jurisdiction I wish to take the claim to the... Read more »

Gary Kollin
Gary Kollin answered on Jul 9, 2018

It is called res judicata or perhaps collateral estoppel.

No two bites.

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Gov & Administrative Law for Ohio on
Q: I was "randomly" selected for proof of insurance on a van i own but havnt driven in five years sent letter with proof of

Insurance on vehicles currently driven after 2 affidavits estimate from certified mech several calls and hearing request they still suspened lisc claiming they didnt get hear request i appealed litigated with attorney gen and then provided a copy of request and cancelled check at which time they... Read more »

Gary Kollin
Gary Kollin answered on May 27, 2018

You notice there is a limitation of amount of characters. That is so you can write your question without all the extraneous material like "poor boy" and "not to mention many hours of legal work".

I am not trying to be an English teacher, but you have run on sentences,...
Read more »

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Ohio on
Q: Do taxpayers have the right to sue the US Govt. For taxpayer monies spent on illegal immigrants?
Yanky Perelmuter
Yanky Perelmuter answered on Mar 26, 2018

Technically yes. However, filing a lawsuit requires showing particular injury. This is a hard standard to meet when suing the government in that it is difficult to show that you specifically have suffered a particular and personal injury. Additionally, suing the government requires consent by the... Read more »

2 Answers | Asked in Immigration Law and Gov & Administrative Law for Ohio on
Q: Is it okay to finish filing for the petition without a lawyer? He won't be taken will he?

I'm petitioning for my spouse to stay, I'm in the process of filling out an I-130 form on citizenpath.com. I'm to the part where I have put in that he is an overstay and has never left the country since, we have two children together. His overstay started in 2005, I had gotten... Read more »

Matthew Williams
Matthew Williams answered on Mar 5, 2018

You really need to work with an attorney on this. That amount of time out of status could become a real problem for you.

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1 Answer | Asked in Family Law and Gov & Administrative Law for Ohio on
Q: If I have a open CPS case but my boyfriend doesn't can he take my children out of state to visit my family without me

I don't mind him doing it because I know I will see my kids again but what about my CPS working. Is it against the law for him to do it. The only reason my case is still open is because I have completed my counceling yet due to no vehicle. However I have complied with everything else. Stayed... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 13, 2018

He has no legal basis to have the kids if he has not established paternity and a court has not granted him parental rights. What if they need medical treatment while he travels with them? He does not have custody, so that would be a problem. Check with CPS before allowing him to do that.

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